The ideas and products a business produces are the driving force behind its success. Accomplished businesses are often the target of other entities trying to quickly gain from a committed team’s hard work and dedication. Working with a driven Orlando business lawyer is critical to protecting your brand and intellectual property in a competitive market.
The Orlando Law Group provides professional service by approachable attorneys who are compassionate about solving your personal business needs.
Why do I need an attorney to trademark my brand? Can’t I just do it myself?
Establishing and registering a business trademark is one of the most critical steps in establishing a business. It sets your product apart from any other product on the market. Its uniqueness instantly draws the consumer to your brand, and a trademark attorney in Orlando will assist with identifying your company’s trademark.
Detailed knowledge of the laws that apply to trademarks is an essential reason any business owner should work with a trademark attorney in Orlando, FL, and prevent costly business errors.
What does a trademark protect? What about a copyright?
A trademark protects your exclusive legal rights to a mark consisting of a logo, name, or phrase that identifies your product or service. But that’s not all they do. A trademark also:
- Permits the trademark owner to receive payment for the use of their trademark by another entity
- Protect a business against illegal business practices such as counterfeiting
- Encourages creativity and innovation to establish fair trade practices
On the other hand, copyrights describe original intellectual properties, such as works of art, writings, software, and music, whether published or unpublished. These properties have become the recent focused target of piracy and breaches.
With Artificial Intelligence (AI) becoming an increasing threat to original works through its extraction of data from the internet, protection from infringement and piracy requires the profound dedication of a copyright attorney in Orlando.
Fair use exceptions
Fair use allows a work that has been copyrighted to be used for educational, research, scholarship, or news reporting purposes. To use the copyrighted work without gaining permission, four factors are considered:
- Is the work’s use for profit or for educational reasons?
- Is the copyrighted work based on established facts, or is it a unique output?
- Does your use of the material affect its market value?
- How much of the original work are you using?
Fair use principles are fluid and do not possess a set of rigid guidelines, benefitting from the legal interpretation of a copyright lawyer in Orlando when your intellectual work has been used without permission.
What’s the difference between copyright and trademark?
There are several fundamental differences between a copyright and a trademark – here are just a few of the most important.
- Copyrights protect inspired works and expressions while brands, products, and logos are protected by trademarks.
- Trademarks must be registered through renewal every ten years and are indefinitely secured if they maintain consistency, while copyright law is defined by an established term subject to its creation date and variety.
- Copyright protection applies to work that is original and in a concrete form. Trademark protection applies to distinctive markings that distinguish products in commercial use.
The Orlando Law Group provides invaluable resources when you need the expertise of an Orlando copyright attorney or a trademark lawyer in Orlando to protect your work.
How do I know whether a trademark or copyright is best for my business?
The most assured way to understand if a trademark or copyright will benefit your business most is by working with a copyright and trademark attorney in Orlando to ensure your legal business rights.
There are instances where the two may overlap, requiring insightful representation that The Orlando Law Group can provide. From establishing a business plan to expanding to meet market needs, we have a plan that will help your business grow while ensuring that safety is a priority.
Common questions about intellectual property
A creation or work stemming from a person’s ideas is known as intellectual property. These works can be protected by copyrights, patents, and trademarks. Work with an intellectual property attorney in Orlando when you have a work, invention, or product that needs protecting. Intellectual property rights are the safe-keepers in a digital society that has the ability to rob your business of its growth potential and define characteristics that establish who you are as a business.
As previously mentioned, intellectual property on the internet is now subject to AI programs that compile large quantities of data to generate output at an alarming rate. Begin the process of proactive preservation by talking with an Orlando copyright lawyer about copyright infringement and your intellectual property online. We are known for our ability to listen and offer solutions because we care about your business.
What’s the difference between a registered and unregistered trademark?
A business is not required to register a trademark. However, there are benefits to registering your trademark with the United States Patent and Trademark Office (USPTO). Unregistered trademarks are those that have been used first by a business regardless of registration. These unregistered trademarks are protected by law (15 U.S.C. §1125(a)) and are also called common law trademarks.
When a trademark is registered, it receives national protection against trademark infringement by providing notice of ownership (15 U.S.C. §1072). It also gains its incontestable status when registered continuously for five years (15 U.S.C. §1065), establishing an owner’s absolute right to the trademark.
Unregistered trademarks are only protected within a particular geographic region. An unregistered trademark’s owner will likely struggle to receive compensation for infringement when infringement is suspected outside of their region. At a minimum, to protect against regional infringement, a business should consider registration of a trademark in Florida to prevent the illegal use of a logo or business name.
How long does a trademark last? What about a copyright?
A business may obtain trademark registration on a state level and federal level. A Florida trademark must be registered within six months of its end date and lasts for five years. Registering a trademark within a state only allows for state registration.
Trademarks registered federally last ten years from the initial filing if federal requirements are met. And keeping your trademark registration can continue indefinitely.
The length of copyright protection will depend on factors that apply to a work. A copyright does not have to be renewed, but the renewal process is optional. Copyright terms will generally outlast the creator of the work.
How much does a trademark cost? What about a copyright?
The cost of a trademark depends on the filing basis. Additional fees may apply according to how you file. An intellectual property attorney in Orlando, FL can help you determine which filing process is right for your business and discuss additional fees that may apply to registering a trademark.
The cost for registering a copyright will also depend on the type of work being registered, how it is registered, either standard or electronic, if the work exists in a group of works, and their medium. Filing the appropriate registration will ensure the safekeeping of your work for many years under copyright laws and should be discussed with an intellectual property lawyer in Orlando.
How can a copyright and trademark attorney in Orlando help me?
Creating an unparalleled brand requires extensive research into the brands of established businesses to ensure your product stands out and to determine if unregistered common law trademarks exist that would prevent the use of a trademark that has not been registered with the United States Patent and Trademark Office (USPTO).
An Orlando trademark attorney provides rigorous trademark research so that you can direct your attention to the daily operations of a business. Additionally, a skilled attorney can:
- Establish an optimal trademark filing strategy,
- Create a substantial legal document for your trademark application to ensure a smoother government approval process,
- Assist with additional actions that are required if the refusal of a trademark occurs,
- And protect your business during trademark infringement disputes.
The Orlando Law Group strives to be an integral part of ensuring the successful launch of your Orlando business and brand. The Orlando Law Group has a successful team of Orlando business lawyers who can tackle your business challenges head-on.
Work with an intellectual property lawyer in Orlando FL with The Orlando Law Group to gain sole rights to your invention. Our team will walk you through the steps of patenting an idea and protecting your intellectual property. When you work hard to develop your ideas, we want to support you throughout the developmental process.
Let us guide your business through the legal process of establishing a trademark. We will protect your business from infringement and stand with you if your business is accused of trademark infringement. Successful businesses are often the target of individuals seeking to profit off of your hard work by making false claims against your business and its brand establishment.
Trademark laws may also apply when you purchase a franchise, which often produces specific guidelines for using their trademarks. A trademark attorney in Orlando can answer your question and will help you navigate Orlando transactional law when you are buying or selling a business. Asking questions and finding the answers before entering into a contractual agreement will allow you to become aware of any hidden agendas that will hinder the success of your business.
When your intellectual property has been used without approval, an intellectual property attorney in Orlando can assist you in filing the proper paperwork to stop the illegal use of your material. If necessary, we are skilled litigators willing to pursue the protection of your property in court relentlessly.
When confidential and protected intellectual property vital to your company’s economic value is shared by business partners or employees for personal gain, a trademark attorney in Orlando will protect your best interests in Orlando business litigation. Our team can also help establish a business partnership agreement that defines how the sharing of vital business information, such as trade secrets, will be mitigated. The disclosure of trade secrets has the ability to sink successful businesses when protections are not in place.
By establishing a trademark license agreement, your company may permit another business to use its registered trademarks. These agreements are beneficial for market expansion but essential guidelines to be put in place for your brand’s quality protection. Our goal is to protect your business from vulnerability while ensuring outstanding character.
Unfair competition consists of business practices that are deceptive and meant to damage the reputation of another business or disorient customers as to the providers of a service. These practices can cause significant damage to your company and the integrity of a trademark. In addition to our attorneys, our staff is dedicated to the growth of your business in Orlando, FL.
Ready to protect what you’ve worked so hard to create? Give us a call today.
The most essential step you can take in protecting your business is to work with a dedicated trademark attorney in Orlando. Every business, no matter the size, is subject to harmful business practices, and we are dedicated to you through compassionate legal service in Orlando that believes in protecting your rights as a business.
Contact us online today to begin securing your business’s trademark or by calling (407) 512-4394. The Orlando Law Group has dedicated years to offering business solutions in Orlando by building personal relationships beyond a business perspective. We succeed when we are a part of what makes your business thrive.
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