Trademarks & Copyright

Trademarks

What is a trademark?

A trademark is any word, phrase, symbol, design, or combination of these things that identifies the origin of your goods or services.

Think of your favorite brands. You remember them because they are clearly recognizable – they all possess a visual identity that catches your eye. They all have a trademark.

The main purpose of a trademark is for consumers to differentiate a business’s goods or services from that of others. Think Nike and its iconic ‘Swoosh’ symbol. If you see that symbol anywhere, you immediately associate it with the Nike brand. This logo is exclusive to Nike, and no one else can use it.

It’s important to note that a trademark has access to common law rights when used to offer goods or services. However, these rights are not bulletproof and can be effectively stolen by someone or some entity that files first with the United States Patent and Trademark Office, giving them superior rights except in regions where there is prior use.

How to apply for a trademark

In order to register a trademark in the U.S., you have to prepare and submit an application to the United States Patent and Trademark Office (USPTO). The process requires a detailed search, application and examination process and must be done properly to receive a trademark registration.

Lhota & Associates’ skilled team of trademark attorneys can assist you in successfully searching, filing, and obtaining a trademark for your business. We meticulously search and process your application during the examination, keeping you actively informed of your trademark’s status and progress. This goes for both U.S. trademarks and international trademark applications.

Trademark infringement

Our legal support doesn’t stop with filing. You may possess the trademark, but that doesn’t prevent infringement or the unauthorized use of your trademark. We offer representation for disputes and litigation regarding trademark infringement matters whether enforcing or defending those rights.

Lhota & Associates Trademark Services

• Trademark/Service Mark Searches
• U.S. Federal Applications for Trademark/Service Mark Registration
• International Applications for Trademark/Service Mark Registration
• Enforcement, Disputes, and Litigation

Copyright

What is a copyright?

Copyright is an important form of intellectual property. It provides legal protection for original creations and their distribution. Therefore, copyright applies mostly to creative works such as music, books, artwork, architecture, computer software, apps, and more.

We may not realize it, but we engage with copyright daily. Music is a perfect example. Streaming platforms – like Spotify – possess specific copyright licenses to distribute music, without infringing upon the copyright held by artists.

Our Approach

Lhota & Associates understands the significance of copyright. Mr. Lhota’s father – a bluegrass musician – taught him the value of music rights for artists at a young age. This experience fostered Mr. Lhota’s passion to defend the creative rights of every author who walks through his firm’s doors.

Our firm works diligently with clients to understand the nature of their creative works. Our approach is to achieve the correct copyright registrations to ensure the future protection of creative works. This includes the need of enforcing and defending the copyright from potential infringement, which may require trials and appeals.

Lhota & Associates Copyright Services:

• Preparing and filing Copyright Applications with the United States Copyright Office
• Seeking Copyright Registrations for software/computer programs, computer databases, writings, pictorial and graphic works of art, photographs, audiovisual works, sound recordings, lyrics, architectural works, and other creative works
• Enforcing and defending copyrights in Federal courts for a wide range of copyright authorships
• Copyright Infringement Matters
• Seeking Foreign Copyright Protection