Our Atlanta copyright and trademark attorneys assist clients throughout Georgia in protecting their creative works, safeguarding their brands, and enforcing their rights.

At Thrift McLemore, our Atlanta copyright and trademark lawyers assist clients across Georgia in identifying what needs protection, registering trademarks and copyrights, and taking action if their rights are infringed.

Copyrights and trademarks are two key areas of intellectual property law that most businesses will encounter. Both play a role in protecting your business, your products, and your brand. They safeguard different types of assets: a trademark protects what identifies your goods or services, while a copyright protects your original creative works.

Trademarks

A trademark serves as an identifier. It may be a word, name, logo, symbol, color (like Tiffany Blue), or even a pattern (such as the Burberry check) that distinguishes your goods or services from others. A strong trademark assures your customers that your products or services meet your standards and come from a single source.

To qualify as a trademark, the mark must: (1) be unique or used uniquely such that it clearly identifies a good or service, or its source; (2) only function as an identifier; (3) be actually used in business. When these requirements are met, the owner receives legal protection against confusingly similar marks.

Although you are not required to register a trademark with the U.S. Patent & Trademark Office, failing to do so limits your rights to your immediate geographic area. Registration expands protection, creates a presumption of validity, and allows you to bring a case in federal court. A registered mark can theoretically last forever, but rights can be lost if the mark is not used or becomes too generic. Well-known examples of marks that became generic include Band-Aid, Velcro, and Q-Tip.

Trademark rights apply only to the goods or services where the mark is actually used. That is why identical marks may coexist in different industries, such as Delta (airlines) and Delta (faucets). Infringement occurs when two marks create a likelihood of confusion for consumers.

Copyrights

A copyright protects original creative works that exist in a tangible form. Traditional examples include books, music, films, and art, but software code and other digital creations are also covered.

Copyright grants creators two primary rights:

1. The right to use, produce, and distribute their work
2. The right to create derivative works

Although registration is not required, it is strongly recommended because it provides additional protections and makes enforcement easier. Copyrights do not last indefinitely. In most cases, protection extends for the life of the author plus 70 years. After that period, the work enters the public domain.

Speak with an Experienced Copyright and Trademark Attorney

Your intellectual property is often one of your most valuable assets. Whether you need to register a trademark, protect a copyright, or address infringement, taking action quickly is critical.

If you need to protect your intellectual property or believe your rights have been violated, call us at 678-882-0830 to schedule a consultation with one of our Atlanta copyright and trademark attorneys .