San Diego Copyright Lawyers
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Legal Services Offered by Our On-Demand San Diego Copyright Attorneys
Our San Diego copyright attorneys & lawyers can help you register a copyright for your original work of authorship. This will ensure that you have documented proof of your copyright ownership. Because, if you don't file it, you can't sue if someone uses your work.
Once registered, the copyright lawyer you chose can also assist you with the development of licensing and/or distribution agreements so you can collect royalties on your original work of authorship. The copyright attorneys & lawyers on UpCounsel represent entrepreneurs, musicians, actors, artists, TV producers, and authors. Our San Diego copyright attorneys can also assist you with fighting copyright infringement in the case a party infringes on any of your copyrights, as they'll seek to prevent it and seek damages from any and all infringers. Many attorneys also have expertise in defending clients against claims of infringement.
There are three types of copyright: usage, full, and unique. Usage means the buyer gets to use the article one time, but the writer can use it again or resell it. Full rights will give the buyer all rights; they can even place their name on the article, saying they wrote it. Your copyright attorney can explain further details about the different kinds of copyright.
Copyright ©, the least expensive form of protection, means literally "the right to copy" an original creation. Original works of authorship include: Movies, drawings, books, works of art, music, textile and jewelry designs, photographs, lyrics, computer programs, paintings, architectural works, including blue prints and maps.
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- 6 min read
Service Mark Overview
A service mark can be a phrase, a logo, a graphic, a name, or other mark that identifies your business as a provider of services distinct from other businesses.
Although closely related, service marks and trademarks differ in some crucial ways. A trademark is used by a business that sells products, such as clothing or jewelry. A service mark is used by a business that offers services, such as dining or plumbing. If your business offers services rather than goods, your branding would generally be a service mark.
Legal professionals often use "mark" to refer to both trademarks and service marks.
Service Mark Examples
Because trademarks and service marks are so similar, they may be confused. Essentially, when your business offers a product for sale, you would use a trademark. The Apple logo is a
- 6 min read
Trademark Checklist: How to Register and Maintain Trademarks
- Make a trademark.
- Find out whether you are eligible for a trademark.
- Do a trademark search in the United States Patent and Trademark Office (USPTO) Trademark Electronic Search System (TESS) database.
- Read about your legal options.
- Fill out and submit a trademark application.
- Respond to USPTO Office Actions.
- Use your trademark.
- Enforce your exclusive trademark rights.
- Keep your trademark active.
Trademark Checklist Step 1: Develop a Trademark
First, develop a unique, distinctive trademark. It can be a:
- Business name
- 12 min read
What Is Trade Counterfeiting?
Trademark counterfeiting refers to when an established trademark is placed on a product or service that is not one of the legitimate goods offered by the trademark owner. The federal Trademark Act, also called the Lanham Act, prohibits such counterfeiting.
In the United States, counterfeiting laws are becoming more and more favorable for those who own trademarks. Case law is growing substantially when it comes to the 1984 amendment to the trademark counterfeiting provisions of the Lanham Act. Owners of trademarks in the United States can depend on the law to help protect their marks from counterfeiters.
What Is a Trademark?
- 10 min read
What Is a Trademark Symbol?
There are two main trademark symbols: ™ (HTML: &#8482; or &trade; or Unicode: U+2122) and ® (HTML: &reg; or Unicode: U+000AE) and a third less common: ℠ (HTML: &#8480; or Unicode: U+02120). These symbols promote a piece of intellectual property and its trademark status. They distinguish a company's goods and services. You should use trademark symbols with a range of intellectual property, including your brand name, your product names, your logo, and your slogan.
The ™ symbol stands for trademark. This is sometimes called a common law trademark or unregistered trademark. Any mark automatica
- 5 min read
What Is an Opposition Proceeding?
An opposition procedure is a tool that companies can use when their trademark, brand, logo, or patent, typically utility patents, is under attack. If another brand or competitor applies to use a similar mark, the company can file an opposition to deny the application.
When to File an Opposition Procedure
A company might file an opposition because the company in question is in the same industry and the company could lose business because of confusion. However, it can also file a complaint if the mark is used in a different industry – as long as the company can prove that it would lose money because of the competing mark.
The opposition procedure starts after the trademark application has been reviewed. It lasts for 30 days and provides a window for anyone to oppose the approval of a trademark.
Anyone with "legitimate