If you're of the creative type, it's quite likely you've made something you'd like to protect from others. Whether it's the creation of a novel, a new fabric softener or you're trying to launch a new business that will have its own unique brand, hiring an attorney to help may be in order. Since copyright, patent, trademark attorney choices can be many, it's a good idea to know what you're looking for in advance.
Before you get started looking for an attorney, it's a good idea to understand the differences between a copyright, patent and trademark. They are quite distinct and a single attorney may not in fact handle all three, but some might or at least their firms will.
A copyright is something that's meant to protect a piece of "intellectual property" from theft or plagiarism. The end product can be a written work, an image, a movie, television show or even song. Copyrights are desirable to have on most property that is created for financial gain or even personal enjoyment since others may decide to "borrow" the idea and cash in on it for themselves. Some sources will say a copyright can simply be claimed, but in the case of extensive works such as novels or movies, it's a good idea to seek legal advice to ensure the copyright will hold up in court. For items such as movies there are even locations to file scripts on record to prove the origins.
A patent generally is issued for a product. The patent can cover ingredients, design, manufacturing secrets and more. In general those who seek a patent have created a new product or concept for one and they want to protect it from idea thieves. By holding the patent a private inventor can even protect him or herself from theft while marketing the idea to companies for manufacture. Since this tends to involve complicated government paperwork, legal advice is always a good idea when seeking a patent.
Trademarking is generally given to a specific brand name. Food companies, toy makers, computer manufacturers and a whole host of others tend to have trademarks on their official name and the products within their lines. Here, too, legal advice is smart to ensure the process is completed correctly and work created or names dreamed up are protected from others who may choose to use them.
When looking for a good attorney to handle any of these types of circumstances, it's a good idea to go with one that knows the field. Check credentials and be certain the area of expertise matches your needs. If you're unsure who to hire, check with your state or local bar association for recommendations of lawyers who handle patent, copyright and trademark clients. Although they won't be able to tell you specifics about a particular attorney, they can tell you if the people are in good standing with them and if they've ever had any complaints filed.
Hiring a lawyer is a big deal, but when it comes to protecting ideas, works and brand names, it just makes sense to ensure the paperwork is handled correctly.
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