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Copyrights & Trademarks

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Back to Basics: Trademarks Part 5

What do I need to do to protect my mark after it is registered?
Unlike copyrights and patents, trademarks can last forever if you take the right steps. Once properly registered, you will have to file your first Declaration of Continued Use between the 5th and 6th anniversary date of your filing. Your next renewal will … Continue Reading

Back to Basics: Trademarks Part 4

What Happens After My Application is Filed?
After your application is filed, you should receive an email from the USPTO confirming the submission. In a few business days, the USPTO will confirm the application has the necessary information to be considered. On average, it is then taking about two to three months for an application to … Continue Reading

Back to Basics: Trademarks – Part 3

Common Questions During the Application Process
Have you used your mark in commerce and what is the impact of that?
If you are already selling your product or service with the mark on it, you are “using” your mark in commerce. As a result, you will need to provide proof that you are already using it. You … Continue Reading

Back to Basics: Trademarks Part 2

Do I trademark my name, my logo or both?
You can register just your name, your logo, or you can do both. The logo and the name constitute two separate trademark registrations and would require two separate payments to the USPTO of $275.
If you need to choose, then, generally speaking, companies start with trademarking their name. … Continue Reading

Back to Basics: Trademarks Part 1

In the most general sense, getting a trademark protects your brand. A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of another. By registering your trademark, you will be entitled to a presumption of ownership of the brand on a national level … Continue Reading

GUEST POST: David Lisch on the Basics of Intellectual Property Law for Start-Ups (Part 2-Patents)

Guest Post: Gray Reed intellectual property attorney David Lisch provides this two part series on Basics of Intellectual Property Law for Start-Ups. Part one focused on trademarks and entity formation. This part focuses on patent law.
Patent Protection
A patent protects “any new and useful process, machine, manufacture, or composition of matter, or any new and useful … Continue Reading

GUEST POST: David Lisch on the Basics of Intellectual Property Law for Start-Ups (Part 1)

Guest Post: Gray Reed intellectual property attorney David Lisch provides this two part series on Basics of Intellectual Property Law for Start-Ups. Part one focuses on trademarks and entity formation
Trademarks
At one point or another, all companies will be faced with the decision if, and how much, to invest in intellectual property protection. Let’s start with trademarks.
A … Continue Reading

PiNG Podcast Interview on Protecting Your Content

My friend Rachel Parker of Resonance Content Marketing interviewed me for her PiNG Blog and podcast.  For bloggers and other online content creators, we cover some do’s and don’ts on when you can borrow and what to do when someone has borrowed a little too much from you.  You can listen here.

Fair Use and the DMCA – Yes, you need to think about it before sending the takedown

Yesterday, the Ninth Circuit ruled copyright owners must consider the fair use doctrine before sending a takedown notice under the Digital Millennium Copyright Act in Lenz v. Universal Music Group. Read the case here: Lenz v. UMG – 9th Circuit
The case centered on this video.

As a father of two kids, the scene is very familiar. After … Continue Reading

Who’s on First? Depends if Fair Use is on Second and Public Domain is on Third

Abbott and Costello’s “Who’s on First?” brings back memories of my seventh-grade talent show where I performed the routine with Brandon Berry at Atascocita Middle School.  I can’t remember if we won second or third place — there was stiff competition at AMS and someone with real talent actually won.
It’s a good thing I did … Continue Reading