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TCP LAW

FAQ

TCP Law provides expertise in all matters relating to Patent, Copyright, and Trademark Law. If your question is not addressed below, please contact us for more information.

  • Do I Need a Registration to Sue for Copyright Infringement?
    Yes, owners must register their copyright before filing a lawsuit for copyright infringement. A creator of an original work owns a copyright in his work just by creating it. However, the creator cannot enforce that copyright without first obtaining a copyright regurgitation.
  • What Can I Do About Copyright Infringement?
    A New York copyright lawyer can help you understand your options and take swift action against copyright infringement. Typically, your lawyer will help you take one or more of the following actions. Send a Cease and Desist Negotiate a License Agreement Request an Injunction Pursue monetary damages
  • How Can I Identify Copyright Infringement?
    It’s essential to take steps to monitor your work so you can act quickly to enforce your rights with the help of TCP Law. Enlist an attorney to help monitor for potential violations. This will be the best option as a professional attorney can provide the most thorough scan and take swift action when necessary. Use Google. Unfortunately, while Google is better than using nothing, it will likely catch only a fraction of violations. Try third-party software. Examples of this software is Copyscape and Pixsy which are specifically designed to catch copyright violations. Depending on the type of work you have, programs like these may help you combat infringement.
  • What Is the Difference Between Common Law Trademarks And A Federal Registration?
    Common law trademark rights are based on a judicially created scheme of rights governed by state law and developed through use. Common law trademark rights are limited to the geographic area where the mark is used. Federal registration trademark rights are based on a federal statute and do not initially require use of the mark. Federal registration trademark rights do not have the geographic limitations of common law trademark rights.
  • What Is Needed to Show Use in Commerce?
    For goods, use in commerce refers to the product being sold or shipped within the United States in the ordinary course of trade with the mark displayed on the product itself or on exterior materials such as packaging, tags, and labels. A point-of-sale display or brochure may suffice as a specimen of use for goods. Advertising and marketing alone are generally unacceptable to show use in commerce. For services, use in commerce refers to the services provided within the United Sales in connection with the mark. Acceptable specimens of use for service marks may include advertising and marketing materials displaying the mark and referencing the services identified in the application.
  • What Is a Trademark Clearance Search?
    Before preparing and submitting a trademark application, trademark attorneys will often conduct a trademark clearance search. These searches can identify existing trademarks that may be confusingly similar to yours. Trademark protection for a mark is relative to the goods and services provided under that mark. Accordingly, determining whether allowing registration of your mark will cause a likelihood of confusion with an existing registration or trademark application is also relative to the goods and services described as being offered under your mark. If it is determined that a likelihood of confusion exists, registration will be denied by the USPTO. A trademark clearance search allows a trademark attorney to assess whether there may be a likelihood of confusion issue with your trademark application. Registering a trademark can be expensive, and trademark clearance searches help you avoid the trouble of going through the entire registration process only to discover that your mark cannot be registered.
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