Learn The Law

When it comes to intellectual property, it’s important to know your rights. Browse these resources and links to find answers to pending questions as well as basic steps you can take to ensure your protection.

Frequently Asked Questions

What is a trademark?

A trademark is anything (word, symbol, device, sound, or color) that uniquely identifies a particular company’s products or services. Trademarks are not absolute: they can only be protected in relation to specific products and/or services.

Do I need to register my trademark?

In the U.S., trademark rights endure for as long as the mark is continuously used and registration is not mandatory, although the benefits of registration are significant. Most countries outside of the U.S. require registration, and rights are generally granted to the first filer.

What are the benefits of federal registration in the U.S.?

Some benefits provided by a United States federal trademark registration on the Principal Register:

  1. Legal presumption of ownership and validity of the mark and the exclusive right to use the mark throughout the U.S., its territories, and protectorates. In other words, if you need to stop someone from using the brand, you have a greatly reduced burden of proof, meaning it is easier and less expensive to pursue a claim for infringement.
  2. After 5 years, the registration of the mark is eligible for incontestable status, making the registration conclusive evidence of your ownership of the mark and exclusive right to use it in conjunction with the specified products or services. This evidentiary weight is invaluable to any effort to enforce a mark against an infringer because you have much less to prove than you would if the mark were unregistered. Incontestable status also precludes parties from claiming prior rights and limits the ability of others to challenge the validity of the registered mark – fraud, abandonment, and genericness are the only remaining grounds for attack.
  3. Public notice of the company’s trademark claim.
  4. The company’s registration can be cited by the USPTO against third parties whose applications are being examined, thereby precluding registration of confusingly similar marks.
  5. Trademark registrations can be recorded with U.S. Customs to keep infringing imported goods from entering the United States.
  6. Enables the owner to use the ® symbol whenever the mark is used on products listed in the registration, indicating to consumers and competitors that the mark is proprietary.
  7. Can be used as a basis for securing registration in foreign countries.
  8. Allows easier enforcement via Amazon’s brand registry.
Can you help us register our company’s brand in Europe? How about in China?

We have longstanding relationships with a network of trusted and established trademark professionals throughout the world and can assist with securing registration for your brand globally.

What is a copyright?

Any human expression that is fixed in media, whatever form that may take, can be protected by copyright. For example, web site content, computer programs, photographs, books, blog posts, movies, choreography, musical notation, musical recordings, and YouTube videos can all be protected by copyright.

Do I need to register my copyright?

Under U.S. law, a copyright arises as soon as someone captures content in any non-transitory medium. However, registration is prerequisite to enforcement of a U.S. copyright. Early registration (before an unpublished work is infringed, or, for works made available by the owner to the public, within three months following the public availability of the work) is strongly recommended in order to take full advantage of the remedies available in the copyright statute.

Let us explore how we can help you protect and use your intellectual property assets to grow your business.