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Our attorneys help clients register and protect their intellectual
property rights through the filing of
copyright and trademark applications.
COPYRIGHTS
A Copyright is a legal right provided by the laws of the
United States (title 17, U. S. Code) that
protects "original works of authorship"
including literary, dramatic, musical,
artistic, and certain other intellectual
works. Copyright protection begins as
soon as the work is set in a fixed form
of expression. A Copyright owner has the
exclusive rights to reproduce, sell and
distribute copies, prepare derivative
works, publicly display or perform the
copyrighted work.
The author of the work is the Copyright owner. Note,
however, in the case of works for hire
(e.g., copyrightable work product
created in the course of employment),
the employer is considered the author
rather than the employee.
COPYRIGHTABLE WORKS
Copyrightable works include the following categories:
COPYRIGHT REGISTRATION
Copyright registration is a legal formality intended to make
a public record of the basic facts of a
particular copyright. The advantages to
copyright registration include:
establishing a public record of the
copyright claim; necessary step prior to
suit for infringement for works of U.S.
origin; if made before or within 5 years
of publication, registration establishes
prima facie evidence of the validity of
the copyright and the facts stated in
the certificate; if registration is made
within 3 months after publication or
prior to an infringement of the work,
statutory damages and attorney's fees
are available to the copyright owner in
court actions (otherwise, only an award
of actual damages and profits is
available); registration allows the
owner to record the registration with
the U.S. Customs Service for protection
against the importation of infringing
copies.
A copyright registration is effective on
the date the Copyright Office receives
all required elements.
COPYRIGHT DURATION
A work that was created on or after
January 1, 1978 is automatically
protected from the moment of its
creation and is ordinarily given a term
enduring for the author's life plus 70
years. For works made for hire, the
duration of the copyright will be 95
years from publication or 120 years from
creation, whichever is shorter.
TRADEMARKS
A trademark is a distinctive combination of words, names and
symbols used to identify and distinguish
the goods of one manufacturer or seller
from goods manufactured or sold by
others, and to indicate the source of
the goods.
TRADEMARKS
AND SERVICE MARKS
A trademark or service mark is a
distinctive combination of words,
names and symbols used to identify
and distinguish the goods or
services of one manufacturer or
seller from goods or services
manufactured or sold by others, and
to indicate the source of the goods.
TRADEMARK AND SERVICE MARK
REGISTRATION
Trademarks and service marks may be
registered by state or with the
United States Patent and Trademark
Office (USPTO). Registration of
trademarks and service marks in
Texas is based on actual use of the
mark in Texas. Before an
application can be submitted to the
Texas Secretary of State, the
trademark must be used or attached
to the product, or in the case of a
service mark, the mark must be used
in association with the sale or
advertising of a service. The
product must also be sold or
otherwise publicly distributed in
Texas, and in the case of a service
mark, the services must be rendered
in Texas.
LEGAL FEES
One of
the first questions that a new client
asks us about
registering a copyright or trademark is the
cost for registration.
In many situation, we can
prepare the
application of a trademark, servicemark
or copyright for a flat fee. Please contact us at the phone
number below to discuss our fees.
CONTACT US
To speak to an
attorney about
our Technology practice, contact us
here, or call
us at 713.650.9700.
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