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Trademarks and Copyrights

Coming up with a creative business name, building a strong brand, penning a novel, recording a future chart-topping song - your talents and hard work can create considerable value.  The challenge is that your value could be destroyed by an infringer who copies the heart of your creation.  We work with businesses and individuals to identify and protect the value in their intellectual property, particularly trademarks and copyrights.

 

Trademarks

 

A trademark is a word, symbol, phrase, or even a color or sound that you use to tell your audience that your business is the one offering certain products or services.  We consult with clients on their existing trademark protections, help them determine what their valuable trademarks are, and work with them to determine whether they can and should register their trademarks on a federal or state level.  Our services include the following:

 

  • Conducting pre-registration searches for conflicting marks

 

  • Drafting and filing trademark applications with the United States Patent and Trademark Office or the Georgia Secretary of State

 

  • Responding to office actions issued on trademark applications

 

  • Handling post-registration filings, including Section 8, 9, and 15 filings on federally registered trademarks

 

Copyrights

 

A copyright protects an artistic or creative work.  Though you do not have to obtain federal registration to have a valid copyright, it is often a wise step to take - especially if you think it is likely that someone will try to copy your work.  We consult with clients who have created such works to analyze whether federal registration would be beneficial and to draft and file copyright applications with the United States Copyright Office.  If a copyright application is refused, we write and submit Requests for Reconsideration.

 

We also advise clients on the management of copyrights and copyrightable works.  Our services include the following:

 

  • Drafting copyright transfer agreements

 

  • Setting up LLCs for copyright ownership

 

  • Creating trusts for copyright management

 

  • Drafting or reviewing work-for-hire agreements

How do you identify
your intellectual
property?
  • Trademarks let your audience know that you make a product or offer a service. Think about:                                                      

    • Business names

    • Brand names

    • Product names

    • Logos

    • Taglines

  • Copyrights protect artistic or creative works:                                                   

    • Books, articles, poems, and other literary works

    • Paintings, photographs, sculptures, and other works of the visual arts

    • Musical arrangements, lyrics, movies, plays, and other performances

    • Sound recordings