A trademark protects brand identifiers like names, logos, and slogans that are associated with the goods and/or services and distinguish your brand in the marketplace.

Copyright refers to original works that are fixed in a tangible medium and can be distributed. It provides legal protection for creations such as books, music, art, and writing.

A trademark protects names, logos, and slogans that are directly connected to the goods or services provided by a business. With

appropriate use and ongoing maintenance, trademarks may remain valid indefinitely. Registration is managed through the United States Patent and Trademark Office (USPTO). In contrast, copyright protects original works that are fixed in a tangible medium and available for distribution. Copyright protection typically extends for the life of the author plus an additional 70 years, with registration processed via the Copyright Office.

The trademark registration process typically takes 12-18 months from filing to registration, assuming no complications. This includes examination by the USPTO, a 30-day publication period for opposition, and final approval. Complex cases or those requiring responses to office actions may take longer.

No, copyright protection exists automatically when you create an original work and fix it in a tangible medium. However, registering

your copyright with the U.S. Copyright Office provides significant benefits, including the ability to sue for infringement and claim statutory damages and attorney's fees.

Every contract should include: identification of the parties, a clear description of goods/services, payment terms and amounts, delivery/performance dates, termination clauses, dispute resolution procedures, and signatures. Depending on the

contract type, additional specific terms may be necessary.

Contract review involves basic editing, client discussion for clarity, and problem identification.

> For example, if you receive a contract and want to better understand its terms and any important considerations, a contract review is recommended.

In contrast, contract revision adds or expands clauses, addresses client concerns, and deepens understanding.

>For example, if you have received or prepared a contract and wish to maintain, limit, or expand certain rights, and ensure the necessary terms are included for the contract to be binding, a contract revision is advisable.

USPTO filing fees range from $250-$350 per class of goods/services, depending on the application type. Attorney fees typically range from $899-$3,000 for a straightforward application. Additional costs may include responding to office actions, which vary from $250-$1000 or more.

This depends on several factors, including the similarity of the marks, the relatedness of the goods/services, and the likelihood of consumer confusion. Even if marks look different, they may be considered too similar if they could confuse consumers about the source of goods or services.

For works created by individuals, copyright lasts for the life of the author plus 70 years. For works made for hire or anonymous works, copyright lasts 95 years from first publication or 120 years from creation, whichever is shorter. Different rules apply to works created before 1978.

A trademark search involves checking existing trademarks to

determine if your proposed mark conflicts with existing registrations or applications. While not legally required, it's highly recommended because it can prevent costly conflicts and application rejections. A comprehensive search examines federal, state, and common law trademarks.

If someone uses your trademark without permission, you may be entitled to stop their use and recover damages. Remedies can include injunctive relief, monetary damages, destruction of infringing goods, and attorney's fees. The strength of your case depends on factors like your trademark rights, the similarity of marks, and likelihood of confusion.

Trademark registrations require maintenance filings: a Declaration of Use between years 5-6, and renewal applications every 10 years thereafter. You must also continue using the trademark in commerce and police against unauthorized use to maintain your rights.

We encourage you to contact us to arrange a complimentary

consultation to determine how we may be able to assist you. Although we offer additional services not listed here, please note that there are certain legal services we do not provide.

Use-Based Application ("Based on Use")

• You're already using the trademark in commerce when you file

• You must submit proof of use (specimens) with your initial application

• Generally faster to register since you've already met the use requirement

• The trademark must be used on goods/services in interstate commerce before filing

Intent-to-Use Application (ITU)

• You have a bona fide intent to use the trademark but haven't started using it yet

• Allows you to secure an earlier filing date before launching your product/service

• You file first, then after six months submit proof of use later (after you receive a Notice of Allowance)

• Requires additional steps and fees - you'll need to file a Statement of Use showing actual use before the trademark fully registers

• It gives you more time to develop your brand, but the registration process takes longer overall

*The fee for ITU applications includes a legal fee of $1,084.00, a filing fee of $250.00 per class, and an additional $150.00 per class for submitting proof of use or requesting an extension to provide proof of use.*