Copyrights

Copyright law is a world full of timelines, deadlines, terms of art, and ambiguous phrases. Let us help you.

Have you written a book, a blog article, music, music lyrics, software, a poem, a script or more? Have you wondered whether you can protect your Copyright interests? Just know that

United States Copyright law covers:

(1)literary works;

(2)musical works, including any accompanying words;

(3)dramatic works, including any accompanying music;

(4)pantomimes and choreographic works;

(5)pictorial, graphic, and sculptural works;

(6)motion pictures and other audiovisual works;

(7)sound recordings; and

(8)architectural works.

Sometimes people wonder, is it necessary for me to take these extra steps and spend this extra money. Isn’t it true, that once you fix your work in a tangible medium, it is protected by common law Copyright law. This is true, HOWEVER, by registering your work, you are afforded full copyright protection and are eligible for tangible remedies.  

Most people seek counsel when they suspect that they have been a victim of Copyright Infringement. Copyright Infringement occurs copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner. In order

  1. The copyright holder must have a valid copyright.
  2. The person who is allegedly infringing must have access to the copyrighted work.
  3. The duplication of the copyrighted work must be outside the exceptions.

The legal penalties for copyright infringement are:

  1. Infringer pays the actual dollar amount of damages and profits.
  2. The law provides a range from $200 to $150,000 for each work infringed.
  3. Infringer pays for all attorneys fees and court costs.
  4. The Court can issue an injunction to stop the infringing acts.
  5. The Court can impound the illegal works.
  6. The infringer can go to jail.

Just a Trademark

The Ultimate Trademark Package

Initial consultation regarding your trademark, the trademark process, trademark classes, and estimated USPTO filing fees via telephone or video
Comprehensive clearance search for one trademark with up to five classes/services searched (Value $150)
Attorney analysis of trademark search report, prepared opinion letter, phone consultation to review and discuss clearance search
Prepare and file the trademark application with the USPTO (excluding filing fees for one class of goods/services in the amount of $275. Also, additional classes are $275 each.)
No-charge phone and email communications and updates regarding the status of your application
Respond to non-substantive office actions
Forward the trademark certificate to you after registration
Prepare and file Statements of Use/Requests for Extension (if applicable)
Prepare and file the trademark application with the USPTO (including filing fees for one class of goods/services. Additional classes are $275 each.)
Prepare and file the trademark application with the USPTO (including filing fees for one class of goods/services. Additional classes are $275 each.)
Respond to substantive office actions
Prepare customized cease and desist letters against trademark infringers
Consultation on naming strategy, brand development, brand materials, marketing, domain name and social media usage
Ongoing, helpful tips on protecting your brand and your new registered trademark

After you file a trademark application the United States Patent and Trademark Office (“USPTO”) may issue something called an office action. When an office action is issued on your trademark filing, this can be as serious as a refusal of your trademark application, or, simply a request to amend something in the application.

The "Just A Trademark" package includes non-substantive office actions. These office actions may require an amendment to your trademark application but is not a refusal of your trademark filing. These can usually be answered via a phone to the UPTSO office or via letter. Substantive office actions are not included but may be handled for an additional fee.

The "Ultimate Trademark Package" includes both non-substantive and substantive office actions. A substantive office action is generally considered a refusal of your trademark due to the similarity to a pre-existing application or trademark. We will respond to substantive office actions which requires substantial legal research and a robust written response if you chose to fight the office action. The "Ultimate Trademark Package" also includes consultation about branding, ongoing support, and we will pursue cease and desist claims against people who illegally use your registered trademark.

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