What Is Intellectual Property Law? | Intellectual Property Lawyer Cary NC
Intellectual property law protects intangible assets such as trade secrets, business names, designs, and artistic works. It was developed to protect people who create original works such as music, books and new products. It helps encourage people to continue to develop new works and technologies because they know they’re protected from misappropriation. This helps in economic development because creators and inventors can benefit financially from their original creations when they are protected by law.
The U.S. Constitution gives people the right to protect their creations under law. There are two offices administered by the federal government that handle intellectual property laws: The U.S. Patent and Trademark Office and the U.S. Copyright Office.
Intellectual property rights are protected in many different ways:
Trademarks | Intellectual Property Lawyer Cary NC
A trademark protects the name, slogan, or symbol of a good or service in order to avoid confusion with other brands and prevent consumers from being misled. Companies work hard to deliver certain standards to their customers, so it’s important that they’re not misrepresented by another group using their name or logo. Trademark law protects against that.
A brand name or a logo becomes your trademark as soon as it is in use. If a company indicates its use with the TM symbol beside their logo or brand, it means others should be on notice that this mark is protected. In order to maximize protection and preserve your ability to enforce all of your rights, trademark owners should also register their trademark with the state or federal government. A skilled trademark attorney in Cary, NC can help you decide which type of registration is right for you or even protect your trademark before you start using it.
A copyright protects creative works, such as music, books, movies, sound recordings, and other original artistic expressions. Even unpublished works are protected, but ideas are not. The idea must have been manifested into something tangible, like a song, story or film. Most copyrights are valid for the life of the person who created it, plus 70 years, but that time frame varies depending on the author and the date of publication. The term of a copyright allows the creator to profit from his or her work and prevents others from using it without permission.
Registering a copyright is not required, but there are advantages to registration. There are also timelines and disclaimers that should be considered. If you file an application too late, your statutory rights may be limited. An experienced copyright attorney can help make sure you meet all the requirements in order to best protect your works.
Trademarks and copyrights are important in protecting from infringement, which is the unauthorized use of intellectual property. When creators take steps such as using the TM symbol, getting a copyright for their works, they are ensuring that the works they have created will be protected under law.
Klish and Eldreth, PLLC | Intellectual Property Lawyer Cary NC
Do you want to protect your intellectual property with a copyright or trademark? Do you have trade secrets that need to be kept in the vault? Do you need help with someone infringing upon your registered trademark? Our intellectual property Lawyer in Cary NC can help. Call our office to talk with us, today. We’re here to answer your questions about how to best protect your creation or other work. Our firm is also able to help in estate planning, divorce, elder law and DWIs.