December 28, 2015

Branding, Trademark, & Copyright Law

Feeney IP Law Group helps companies develop and protect their trademarks and copyrights through a thoughtful and collaborative IP business development strategy.  We have over 25 years of legal IP expertise.  Whether it is entertainment, food, beverages, service companies, or consumer products, we cover it all by providing a 360⁰ view of IP strategy.  Protecting your company’s name, slogans, and artistic materials is important to protecting your brand and reputation.

Trademark Strategy and Protection

A trademark is any word, name, symbol, or design, or any combination thereof, used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another and to indicate the source of the goods.

In addition to “traditional” trademarks, shapes, sounds, fragrances and colors may also be registered as trademarks.  More recently, trademark laws and court cases have expanded trademarks to include trade dress and antidilution protection.

Trademarks must be used in commerce and must be distinctive.  There are eligibility limitations for trademark protection under the functionality doctrine.  Marks may be denied registration if it falls within any of the categories listed under 15 U.S.C. § 1052.

Copyright Filing and Protection

Copyright is a legal right created by the law of a country that grants the creator of an original work exclusive rights for its use and distribution. The U.S. Code: Title 17 – COPYRIGHTS grants the authority to protect the writings of authors, including architectural design, books, online publications, software, the graphic arts, motion pictures, and sound recordings.