Trademark & Copyright Law
What is a Trademark?
A trademark is any word, phrase or design that conveys the source of certain goods or services.
Companies large and small recognize the intangible value of their trademarks and take preemptive steps to prevent competitors or other third parties from copying them or using similar trademarks. The best way to protect a trademark is to file an application for trademark registration with the United States Patent and Trademark Office.
Martin, Lord & Osman PA's trademark team handles every step of the trademark application process, from preparing the trademark application, responding to the Trademark Examiner, and anything else that is required until the trademark is officially registered.
A federal trademark registration gives owners the exclusive right to use the trademark throughout the United States and can use the registration to prevent anyone from using a confusingly similar trademark.
In the event a competitor or some other business adopts and uses your trademark, or something similar, it is important to enforce your rights. Our trademark team enforces our client's trademark rights by directly contacting infringers, sending cease and desist letters, and by filing trademark infringement claims with the United States Patent and Trademark Office or in court.
Do not hesitate to take steps to protect one of your company's most valuable assets by obtaining a trademark registration and enforcing your trademark rights.
What is Copyright?
Copyright is the legal right to give the creator of a creative work the exclusive right to reproduce the work for a certain time period. Creative works that can receive copyright protection include artistic, musical and literary works, such as paintings, photos, songs, poems and books.
By creating a work, the creator is granted common law copyright protection. Copyright common law protection provides some safeguards, but for maximum protection, it is best for creators to file for a copyright registration with the United States Copyright Office.
A federal copyright registration makes it easier for creators to go after third parties that copy and sell their work. In addition, a federal copyright registration allows creators of the infringed work to receive statutory damages and attorney's fees in the event a lawsuit needs to be filed to stop the infringement.
Martin, Lord & Osman PA's copyright team works directly with its clients and the United States Copyright Office to get creative works registered, and in the event it is being infringed upon, our team will zealously advocate for your interest.