PRACTICE AREAS

   TRADEMARK & COPYRIGHT

When you need to protect your brand, company name or product name, H.A. Phillips Law can help you with:

  • Trademark Search
  • Trademark Registration
  • Copyright Registration
  • Copyright Protection
  • Website Terms of Use

TRADEMARKS, SERVICE MARKS, AND COPYRIGHTS

Trademarks, service marks and copyrights protect different aspects of your business’s brands.  The U.S. Patent and Trademark Office asserts, a trademark is a word, phrase, symbol or design that identifies and distinguishes your products or business. A service mark is a word, phrase, symbol or design that identifies and distinguishes the source of a service rather than a product. Trademarks and Service Marks can include brand names, slogans, and logos.  

A copyright protects any original authored works such as magazine content, website content, marketing content, and computer software. For many technology businesses, particularly software firms,  copyright is critical to protect their content.

Trademark registration, service mark registration, and copyright registration can be critical to protecting your brand and intellectual property.

TRADEMARK SEARCH

Before you start using a name, slogan or logo on your website and all of your printed materials, it is a good idea to do a search to make sure the name or slogan isn’t already being used. We can perform a trademark or service mark search to determine if the trademark you want to register is available for your use. This type of search can save you not only your initial printing and design costs, but it could also save legal fees incurred as a result of another business entity filing suit against you for using their name, logo or slogan.

TRADEMARK REGISTRATION

Once you have found a name, slogan or logo that is available, we can perform a trademark registration with either the state or the US Patent and Trademark Office. If you plan to use the trademark locally,  registration in the state in which it is being used may be sufficient. Trademark registration with either the state or the USPTO prevents other entities from legally using the same mark, so the best practice is to register your trademark or service mark as soon as you are using it. Contact us to discuss your trademark registration needs.

COPYRIGHT REGISTRATION AND PROTECTION

As copyright registration protects authored works, any business that is operating intrastate, nationally or internationally should protect its published content. Whether your content is on a website, in printed material, or on social media, you need to protect it with proper copyright markings and notifications. H.A. Phillips Law can review your online and printed materials and recommend the proper copyright notices, to prevent your content from being copied or improperly used, and possibly recover damages for such improper use. Contact us to discuss your copyright registration needs.

WEBSITE TERMS OF USE

Your business should have website terms of use in place to limit the possibility of any claim against your business as a result of someone using your website. Website terms of use can be used to specify what rights users may be granted to website materials, and to impose use obligations and limitations. Terms can also limit warranties, disclaim liabilities and outline the legal relationship between the website operator and its users. The website terms of use document is usually used in concert with copyright notices and the website privacy policy. Contact us to help you formulate and draft your website terms of use, privacy policy, and copyright notices.

TESTIMONIALS

“Heath is part of our organization, and not someone we hire on a just a project basis. I trust him to act in our best interest and be mindful of things that may not immediately occur to me. Working with Heath is like having an in-house counsel on a part time basis.”

Ben Addoms, CEO, Shotzoom Software