Protecting Your Intellectual Property Using Trademarks And Copyrights
Schneer IP Law PLLC was founded in 2015 by CEO, president and managing partner Ryan Schneer. As a creative himself, attorney Schneer has been writing poetry and creating music for more than 25 years. He can help you ensure your intellectual property has the appropriate trademark, copyright or service mark protection.
What Is A Trademark And How Is It Established?
Trademarks are designed to legally offer protection rights for brands. Brands include names, logos, slogans, sounds, or even the appearance, or trade dress, of a good or service. “Trademarks” usually cover goods, whereas “service marks” cover services.
Rights to a trademark are established through the use of the trademark in commerce or an intent to use the trademark in commerce. Trademarks must also be “distinctive” in the mind of a consumer or have acquired a “secondary meaning.” Trademarks also cannot be easily confused with an existing trademark, among other statutory requirements.
Intellectual Property Attorney For Trademarks, Service Marks And Trade Dress Registration
The team at Schneer IP Law is adept at obtaining a trademark, service mark and trade dress registration on behalf of individuals or business entities. The firm also provides business-savvy trademark clearance searches, offers strategic recommendations based on your legal goals and can prepare and provide a formal written opinion should you need it.
Should it become necessary, intellectual property attorney Ryan Schneer can also advise you regarding the suitability of your business name, taking into account the federal and state trademark registers as well as common law rights and the domain name register (ICANN). The firm’s legal team also has experience obtaining federal trademarks for businesses involved in the cannabis (non-plant-touching) and hemp industries.
Whenever necessary, counsel and advice are also available with respect to re-branding, including offering suggestions for alternative business names.
What Is A Copyright?
Copyrights protect and provide legal rights to unique expression. Examples of copyrightable expression can include literary works, art and digital art (such as non-fungible tokens, or NFTs), movies, music, and certain aspects of software code.
Schneer IP Law PLLC can assist with various aspects of copyright registration, licensing and enforcement.
What Is The Difference Between A Trademark And A Copyright?
Trademarks protect brands and specifically all aspects of the brand as it exists in a consumer’s mind. Copyrights protect works of expression. Trademarks and copyright can differ in that trademark rights are more flexible, with the scope of the rights being limited to what a consumer would consider being part of the brand. Copyrights are less flexible and are limited to the work of expression at hand, as well as derivatives of that work (e.g., a movie adaptation of a book).
Protecting Trademarks And Copyrights And Disputing Use
Schneer IP Law also offers a trademark monitoring service to monitor the business landscape for competitor trademarks periodically. If disputes arise and it becomes necessary, the firm will send enforcement letters to competitors and participate in trademark cancellation and opposition proceedings.
Protect Your Intellectual Property With A Trademark Or Copyright. Call Today.
Both copyrights and trademarks, as well as patents and trade secrets, are part of a robust intellectual property strategy. Take the first step toward protecting your intellectual property rights by scheduling an initial consultation appointment today. Call 646-762-5077 or send an email through the firm’s website to schedule yours today.