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If you are looking to apply for a copyright or need assistance with a copyright-related issue or dispute, our Michigan copyright lawyer is here to help. From applications to cases of infringement to copyright litigation and more, our team has a wealth of experience helping clients with their copyright cases. With our knowledge of copyright regulations and laws, you can rest assured that the future of your copyright is in good hands. To discuss your specific case with our team, contact the Trademark Lawyer Law Firm today to schedule a consultation with a lawyer.
Many people struggle with the distinction between copyright, trademarks, and patents. Understanding the difference between these intellectual property protections is important as you seek the best protection for you and your IP.
A copyright is used to protect intellectual, artistic, and creative works such as music, written works like novels, movies, software code, photographs, paintings, and more. The work must be original and exist in a tangible medium like paper, canvas, film, or digital in order to receive a copyright. Receiving a copyright for your work gives you the sole rights to perform, distribute, display, and reproduce your work. It also prevents the copying or exploitation of the work without your permission.
Trademarks often protect words, phrases, or designs that identify your business, services, and goods in order to distinguish them from others. Receiving a trademark for your brand protects your trademark from being registered by other pirates without your permission and prevents others from using your branding or similar branding that may confuse clients or customers.
Patents are meant to protect technical innovations like mechanical systems, machinery, pharmaceutical drugs, or designs that are new and unique and can be used in an industry. A patent gives the patent-holder the sole right to create, use, copy, and sell their invention without express permission and consent.
Our MI copyright lawyer will discuss your situation with you and help you determine if a copyright, trademark, or patent best suits your intellectual property as you seek to protect your creation, brand, or invention.
Our Michigan copyright attorney can help assist clients with a range of copyright-related cases. Whether you are looking to apply for a copyright, renew a copyright, or fight back against infringement through litigation or other methods, our team will provide our experience and knowledge of copyright laws and regulations to ensure that all necessary steps are taken to protect your copyright.
Your creations are extremely valuable. Securing a copyright is the best way to make sure that your work is used according to your wishes and in the manner that you intended as well as to protect your right to profit off of your work. Whether you are looking to apply for a copyright, renew, or fight back against infringement, taking timely action is important to protect your rights and interests. Do not hesitate to seek our assistance. Contact our team at the Trademark Lawyer Law Firm today to schedule a consultation with a lawyer and take a crucial step towards protecting your creations.
Suspensions are when your application is on hold. There are various reasons a trademark application can be suspended. However “likelihood of confusion” with prior application(s) filed and submission of foreign application are the most common reasons the USPTO may suspend an application. During a trademark suspension period, your lawyer will provide guidance on the next steps and whether it might be best to file an argument or pursue a coexistence agreement.
A disclaimer usually refers to a statement which indicates that you are not claiming exclusive rights to use the word(s) or a design element in your trademark application. A disclaimer allows for registration without creating a false impression of the registrant’s rights.
A good example of this is disclaiming “café” if your services are for a café.
If a trademark is not eligible for the Principal Registry, there is sometimes an option to register on the Supplemental Registry.
In cases where the USPTO finds the trademark application is merely ornamental, merely descriptive, or primarily geographically descriptive, the USPTO may allow the application to be registered on the Supplemental Registry. However, over time, the mark may acquire distinctiveness and possibly become eligible for the Principal Registry.
Two dates must be specified in a trademark application:
Date of First Use Anywhere: The “anywhere” refers to use in the U.S. or elsewhere. This is the date the goods were first sold or transported, or the services were first rendered under the mark. The use must also have been bona fide and in the ordinary course of trade.
Date of First Use in Commerce: This is the date when the goods were first sold or transported, or the services were first rendered under the mark in interstate or international commerce. The use of the mark must have been bona fide and in the ordinary course of trade.
The renewal timeframe for a trademark is between the 9th and 10th year anniversary of the trademark registration, and then in ten-year intervals. It is important to be aware that the USPTO also requires a registrant to provide an affidavit at the 5th and 6th years of ownership stating that the trademark is still being used in commerce. Failure to comply with the renewal timeframes or the affidavit requirements will result in the cancellation of the trademark registration.
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