We advise clients on the acquisition and enforcement of trademarks and copyrights, distribution and licensing arrangements, Internet questions, grey market and counterfeiting problems, marketing practices, and Section 43(a) Lanham Act advertising disputes. We also provide registration and assist with protecting your brand and work. All that for a minimal Flat Fee.
A Copyright is a form of protection provided to the authors of “original works of authorship” including but not limited to literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. The copyright protects the form of expression rather than the subject matter of the work. For example, a description of a machine could be copyrighted, but this would only prevent others from copying the description; it would not prevent others from writing an original description of their own or from making and using the machine. The Copyright Office of the Library of Congress registers copyrights.
Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. Trademarks that are used in interstate or foreign commerce may be registered with the United States Patent and Trademark Office.
JSBarkats’ attorneys will perform a search of all federal registrations, state registrations, and common law uses of your mark to see if it has already been registered or is being used in commerce. It should be noted that merely searching the United States Patent & Trademark Office web site for similar marks may not be enough to ensure that your mark can be registered. This is because trademark rights are established through their use in commerce and not merely by registration. However, one benefit of registering your mark is that such registration provides constructive notice to others of your use of the mark in commerce.
If you would like us to prepare a copyright application or register your Mark, please contact us at info@JSBarkats.com or by telephone 646 502-7001.