Here are some answers to frequently asked questions about copyright and trademark law provided by Ingber & Gelber:
Where do I register a copyright or a trademark?
Trademarks can be registered with the United States Patent and Trademark Office (USPTO). The filing fee is more substantial than for a copyright. It usually takes longer to obtain registration because the Patent and Trademark Office conducts a detailed review of potentially conflicting marks, or marks that might be confused with others. The USPTO does not register copyrights. Copyrights are registered at the Copyright Office of the Library of Congress.
What are the differences between trademarks and copyrights?
In general, trademarks include any word, name, symbol, process, device, or know-how, used, or intended to be used, in business or commerce. The purpose of a trademark is to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others. It is also used to indicate the source of the goods. We think of them as brands.
In contrast, copyrights protect literary, artistic, and musical works. These works may be published or unpublished, and the Copyright Act of 1976 gives the owner exclusive rights to reproduce his or her work in any medium. A copyright protects a form of expression, but not the subject matter or idea behind the work.
How long does a trademark or copyright last?
A trademark can be renewed forever as long as it is being used in commerce.
In contrast, copyrights last for varying periods of time, depending upon who the author is. The Sonny Bono Copyright Term Extension Act, which became law on October 27, 1998, amended the provisions concerning duration of copyright protection. For example, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For anonymous works and works made for hire, the term is 95 years from the year of first publication or 120 years from the year of creation, whichever expires first.
NJ copyright and trademark lawyers
Trademark and copyright laws are complex and best navigated with the assistance of an attorney. Ingber & Gelber, experienced NJ trademark defense and NJ copyright infringement lawyers, can help you with all aspects of trademark and copyright including:
- Trademark protection
- Trademark registration
- Trademark litigation
- Trademark infringement
- Copyright violation
- Copyright lawsuit
- Copyright registration