Intellectual Property Lawyer in Charlottesville, Virginia
When you have a symbol or a word that you would like to protect as your own, you have likely already done your research and determined that you need a trademark, as a Charlottesville, Virginia intellectual property lawyer can explain. When you do have a trademark, this means that this symbol, word, or phrase is legally registered to you or your business as a representation of a product or your business. People are always on the lookout for the next groundbreaking creative ideas, so trademarks are a powerful way to prevent property theft. To keep others from taking your ideas and claiming them as their own, it is important that you know how to file a trademark correctly. If you are not sure how to go about the process, a lawyer who specializes in intellectual property law can assist you with setting up a trademark. Each Charlottesville, Virginia intellectual property lawyer at Dale Jensen, PLC understands the complications that can come with intellectual property and know that when something is not legally registered, it can make it hard to determine who can use symbols or words. If you would like help registering your trademark or with any other aspect of your trademarked product or other intellectual property, please call us now.
What is Intellectual Property?
Intellectual property is a category of property that refers to any ideas that a person may invent or create. Common types of intellectual property that most people may have heard of include trademarks, copyrights, and patents.
Many people may have heard of intellectual property laws, but they may not entirely be sure of what it fully entails. It comes with several benefits for people who are looking to protect the rights to their original creations.Through intellectual property laws, creators can generate income off their ideas and enhance protections against thieves, hackers, and other threats. These laws allow people to have legal control over their inventions and establish boundaries and guidelines that dictate how other people can use them.
The Benefits of Registration
For trademarks, registration is optional. To use your trademark you do not have to register it. That said, a Charlottesville, VA intellectual property lawyer encourages you to go through the federal registration process because there are many advantages that you would not have without registration.
- There is a notice that you have claimed ownership of the trademark.
- You will then have the exclusive ability to use this trademark with the products or services you specified in the registration packet.
- You have the legal right to sue the person or other entity who infringes on your trademark so that they are unable to benefit from its use.
Registration offers you advantages that may make it easier to protect yourself in case of infringements or other issues that may occur in the future. With registration, any problems involving your product can be resolved more easily, saving you a lot of time and stress.
Trademark Vs. Copyright
There are key distinctions between a trademark and copyright. As an ip lawyer Charlottesville, VA business owners trust can explain, with any piece of intellectual property, it can be hard to determine if you need a trademark or copyright. Both are valid and useful means of protecting your property. If you have intellectual property such as literary pieces, musical scores, or other types of artistic work, you would need a copyright. A trademark, however, covers things like designs, symbols, short phrases, or slogans. It may not be clear which one is suitable for your property, so if you are not sure a lawyer can advise you on which one you should get.
Trademark Registration Validity
When you register your trademark, it does not last forever. Instead, you must file what is called a “Declaration of Use.” The life of a trademark is 10 years, so you want to file a Declaration of Use after you have registered for the trademark, sometime between the fifth and sixth years. You will also need to do this within a year before the trademark registration expires.
How to File a Trademark
You can learn about the basic steps for filing a trademark by visiting the U.S. Patent and Trademark Office (USPTO) website. You can access relevant forms and detailed tutorials there if you are filing a trademark for the first time. Before filing a trademark, make sure that you have all the information you need and that you meet each of the legal requirements. A lawyer can guide you through the process and explain what items and documents you need to have to file your trademark properly.
Checking the Status of Your Trademark Filing
If you have gone through the trademark application process already and are wanting to know the status of your trademark registration application, you can visit the USPTO website or speak with a Charlottesville, VA intellectual property lawyer about the application. If you have an idea, design or other innovation that needs to be trademarked, do not wait another day to start the process and risk having your product stolen. If you have intellectual property that you would like to protect and are not sure how to begin the application process for registering your trademark, an intellectual property lawyer Charlottesville, VA clients recommend from Dale Jensen, PLC can help you. They have experience helping many clients navigate the process of filing a trademark. We will go over the details of your property, ensure that it has the necessary criteria for a trademark, and help you with the application process. We can also help if you already have a trademark and someone is infringing upon it. Please call us now.