When businesses are just starting out, it can be easy to overlook important legal considerations such as copyrights and trademarks. With the proper legal representation experienced in local regulations however, business owners can be secure in the knowledge that their investments in these areas are being taken care of. In the case of copyrights and trademarks, interests and resources can be protected and even expanded upon with a little know-how.

Given the importance of managing copyrights and trademarks, any business based in New York should consider consulting a local attorney in order to best understand the nuances of the area. For starters, here are the top five things any business needs to consider when discussing copyright vs. trademark protection:

1. Consider the nature of the business

Regardless of the type of business, the specific circumstances surrounding it will determine which types of protection apply and are necessary to consider. For example, a business that creates primarily technology products for sale would need to strongly consider patent protection for their proprietary inventions, while a business that focuses on selling only physical products would not. Additionally, businesses that create content could strongly consider copyright protection for their articles, photos, graphics, and other intangible creations.

2. Research the various types of protection

Copyright and trademark are two distinct legal mechanisms used to protect a business’s interests, each with their own strengths and drawbacks. Copyrights present an interesting legal solution because they protect creative works from the moment of the work’s creation, whether that be a digital image, written article, or a song. Trademarks, on the other hand, are better suited for expressions of a company itself, such as its name, logo, and catchphrase. It’s important to research each one thoroughly and consider which one would best suit the company’s interests before making a decision.

3. Understand the differences in application and enforcement

Business owners should familiarize themselves with the application process for both protecting copyrights and trademarks. Trademarks are typically registered at either the state or federal level, depending on what products and services the business offers. Copyright protection is generally automatic, though technically the registration process is still available to create a chain of evidence in the event of litigation. In terms of enforcing copyrights and trademarks, the same process can be employed to deal with potential infringers.

4. Get advice from a qualified attorney

Given the complexity of both the copyright and trademarks, consulting an experienced attorney is essential in order to ensure that all interests and resources are covered by the legal mechanisms available. This advice obviously includes the best way to protect the business’s online content and physical assets. Attorneys in New York are increasingly knowledgeable in these matters, and the resources available to them can help businesses protect their interests in the most cost-effective manner possible.

5. Consider international copyright and trademark protection

Finally, any business with wide-ranging global interests should also consider filing for copyright and trademark protection on an international level. Where applicable, international registration can provide far-reaching legal protection for businesses that operate on an international scale. International regulations can be complex, so seeking qualified local counsel is essential in order to make the most of the available protections.

Ultimately, the protection of copyrights and trademarks should be a serious consideration for any business, and especially one that is based in New York. Consulting a qualified attorney is the best way to ensure that all interests and resources are fully protected and that the business’s online and physical properties remain uncompromised. With the right knowledge and representation, businesses can be confident that their investments are well protected.

Topics:

Copyright,

Trademark,

New York