Trademarks protect marks used to identify the source of goods and services. A mark may be a word, name, symbol, or device, or any combination thereof used or intended to be used in commerce to identify the source of goods and services.
Copyrights protect creative expressions embodied in an original artistic work. Artistic works may include literary works, musical works, dramatic works, choreographic works, pictorial works, audiovisual works, sound recordings, and architectural works.
About TCP Law, PLLC
Protect The Assets Of Your Business That Matter Most
The intellectual property (IP) of a company may help shape what products or services it offers to the public, how the public interacts with the company’s brand, and where the company may head in the future. Such important assets must be safeguarded, with any violations or infringements of these assets pursued through aggressive and swift enforcement.
With the help of a qualified attorney from an intellectual property law firm, you can help guarantee that your company’s brands, creations, trade secrets, and designs are fully protected under the law. Conveniently located in New York City, TCP Law, PLLC provides effective solutions and representation for national and international IP matters. With a thorough understanding of state, federal, and international laws, we can help guide you on the best ways to proceed, secure, and maximum the protection of your intellectual property assets.
John C. Laurence
Intellectual Property Lawyer
Learn More About Trademarks, Copyrights, And Patents
TCP Law, PLLC works with its clients to search the availability of marks, to help strategize brand development, and maximum brand protection through trademark protection. Trademarks (symbols, texts, phrases, colors, names, and even smells) influence how customers perceive the goods and services offered under your brand. Hence, we strive to add value to your company by using effective trademarks that build goodwill with consumers and bolster your reputation in the market. While federal trademark registration is not required to develop common law rights in a mark, it is the best way to protect your mark on a national level. If you would like to register a mark on a state or federal level, consulting with a knowledgeable trademark attorney is the best way to navigate the registration process and to combat infringement of your mark effectively. TCP Law, PLLC can also help negotiate intellectual property agreements that protect the use of your trademark in the marketplace.
TCP Law, PLLC can help you protect your original creative works of authorship. These creative works may include works of art, architectural designs, music composition and performances, writings, photographs, and software programs. Though copyright protection exists from the moment a creative work is created in a fixed, tangible form of expression, TCP Law, PLLC can help further protect your work by registering the work with the U.S. Copyright Office. Copyright registration is necessary to enforce the author's exclusive rights to distribute, publish, perform, and reproduce the creative work in court. We can also draft ``work made for hire`` agreements to formalize any IP rights, responsibilities, and transfer of copyrights between a company and its contractors. Whether you're an artist, a writer, or an app developer, TCP law, PLLC is passionate about protecting your rights in your creative works.
At TCP Law, PLLC, we use our extensive knowledge of patent law and our engineering experience to help identify and protect the novel and non-obvious elements of your inventions and designs. We have decades of experience searching, drafting, filing, and prosecuting patent applications here in the U.S. and territories outside the U.S. We have experience drafting, prosecuting, and enforcing utility patents and design patents. Our clients range from individual inventors to multi-national corporations. Moreover, once you have been granted a patent, TCP Law, PLLC can help you enforce your patent rights and draft a license agreement that protects and monetize those patent rights.
“Excellent legal service regarding Copyright issue - I contacted him regarding Copyright issue. He provided seamless service with quick response. He is knowledgeable in his area. Plus, he provides free consultation which is very helpful. He also charges very reasonable price. I totally recommend him.”
Intellectual Property Infringement And Litigation
If a competitor or any other entity unlawfully uses your intellectual property, you can bring a suit against them for infringing on your rights. TCP Law, PLLC has extensive experience handling issues pertaining to the unauthorized use of an intellectual property. We can draft cease-and-desist letters, negotiate on your behalf, and employ alternative dispute methods, and bring an infringement suit in court, if necessary. These actions are all directed to stop an infringement of your intellectual property rights. If litigating in court, possible outcomes may include an injunction to stop further infringement as well as an award of monetary damages, including the defendant’s profit and attorney’s fees.
On the other hand, If you are accused of infringement, TCP Law, PLLC has the resources needed to mount a complete defense on your behalf. We work to mitigate the risk of infringing upon someone else’s rights and evaluate potential alternatives for moving forward without sacrificing the quality of your products or ideas.
Introducing TCP Law, PLLC – Comprehensive Solutions For Complex IP Matters
Whether you’re a small, mid-sized, or multinational business or an individual entrepreneur, artist, or inventor, TCP Law, PLLC is here to offer vigilant protection of your intellectual property rights, including your brand, creative works, and inventions. We can supervise and provide an analyst of a patent search for an invention. Similarly, we can perform a knockout search for a brand name or supervise and analyze a national or international trademark clearance search.
We are a results-oriented law firm that values your success and puts stock in your future. We believe in nurturing long-term relationships with clients to serve your intellectual property rights better. Let us help you protect what matters most in this fast-paced global economy.
Request your free consultation to discuss your business and intellectual property objectives with our legal experts today.
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Frequently Asked Questions
US law considers your work protected from the moment of creation, even if you do not register it at the United States Copyright Office (“USCO”). However, registration adds a powerful layer of protection for your work, especially if you find yourself in a legal dispute.
The most valuable benefit of registering copyrights is the ability to file a lawsuit for copyright infringement. In most jurisdictions, a copyright owner cannot file a lawsuit to enforce/protect its copyrights until the U.S. Copyright Office has issued a registration.
A registration before, or within five years of, publication of the work establishes prima facie evidence of the validity of the copyrights and the facts stated in the registration certificate which facts include the identity of the copyright owner. A necessary element in ant successful copyright litigation.
As to damages, if you register your work either prior to it being infringed or up to three months after publication, in the event of a successful claim, you will be eligible to receive statutory damages and, at the court’s discretion, reimbursement of legal fees.
The owner of registered copyrights is also eligible to participate in a U.S. Customs and Border Protection (“CBP”) program. The CBP will seize and detain imported goods that violate intellectual property rights in the United States. Registration is required to participate in this program.
Lastly, USCO records can be used to publicly identify the creators and copyright owners of registered work, so you can also include contact details in case someone would like to license your images.
Purpose And Character Of The UseThis fair use factor refers mainly to the function for which the copied material is being used. Copyright law favors encouraging scholarship, research, education, and commentary. However, an educational or scientific use that is for commercial purposes may not be excused by the fair use doctrine. A commentary that satisfies fair use must be transformative. A transformative use must add something new, with a further purpose or different character, and must not merely substitute for the original use of the work. In evaluating whether a use is transformative, it is determined whether (1) the material taken from the original work has been transformed by adding new expression or meaning and whether (2) value was added to the original work, thereby creating new information, or new aesthetics, or new insights and understandings.
Nature Of The Copyrighted WorkThis factor refers to the nature of the work that is being copied. Specifically, this factor differentiates between factual works and creative works. Copying a factual work, such as a biography, is more likely to be fair use than copying a fictional work, such as a romance novel or horror movie.
Amount Of Copyrighted Work UsedThis factor refers to the quantity and quality of the copyrighted material used. Specifically, if the material used includes a large portion of the copyrighted work, fair use is less likely to be found. Alternatively, if the material used employs only a small amount of copyrighted material, fair use is more likely.
Effect Of The Use On Potential Market For The WorkThis factor refers to the effect of the use on the potential market for the work that was copied. It considers whether unauthorized use hurts the current market for the original work and/or whether the unauthorized use could cause substantial harm if it were to become widespread.
Yes, owners must register their copyright before filing a lawsuit for copyright infringement. The Supreme Court held on March 4, 2019, in the case of Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC that an owner must have already obtained a registration from the U.S. Copyright Office prior to bringing a copyright infringement lawsuit. It is no longer sufficient to simply file a copyright application prior to filing a copyright infringement lawsuit.
A creator of an original work owns a copyright in his work just by creating it. However, the creator cannot enforce that copyright without first obtaining a copyright regurgitation.
Common law trademark rights are based on a judicially created scheme of rights governed by state law and developed through use. Common law trademark rights are limited to the geographic area in which the mark is used.
Federal registration trademark rights are based on a federal statute and do not initially require use of the mark. Federal registration trademark rights do not have the geographic limitations of common law trademark rights.
- Use in commerce may be claimed between the date the trademark application is filed and the date the mark has been approved for publication.
- Use in commerce may be claimed within the first six months after the date that the Notice of Allowance is issued.
- Use in commerce may be claimed within six months of the filing of an extension request for a fee. A total of five extension requests may be filed thereby allowing for a total of 36 months of extension time from the date of the issuance of the Notice of Allowance.
For goods, use in commerce refers to the product being sold or shipped within the United States in the ordinary course of trade with the mark displayed on the product itself or on external materials such packaging, tags, and labels. A point-of-sale display or brochure may suffice as a specimen of use for goods. Advertising and marketing alone are generally unacceptable to show use in commerce.
For services, use in commerce refers to the services being provided within the United Sales in connection with the mark. Acceptable specimens of use for service marks may include advertising and marketing materials displaying the mark and referencing the services identified in the application.
A utility patent application may contain multiple sections. Some of the more relevant sections are discussed briefly below.
A background section describes a problem which the invention seeks to address, how that problem has been addressed in the past, and what deficiencies where inherent in those past attempts to solve this problem.
A detailed description section explains how each of the included embodiments of the invention works, the explanation allowing a person of ordinary skill in the art to reproduce the invention without undue experimentation.
A claim section includes a listing of independent and dependent claims, each claim defining one or more elements of an embodiment of the invention. The claims define the scope of protection provided by the patent.
A drawings section includes simple black and white line figures showing at least each of the element recited in the claims.