Gerber Law Firm, PLLC, files trademark and copyright applications for our clients, saving them the trouble of self-managing legal proceedings which have many legal requirements, consequences and deadlines. We are experienced in managing all of the substantive and procedural requirements of the Trademark Act and Trademark Rules of Procedure. As the United States Patent and Trademark Office advises, it cannot aid in the selection of an attorney, nor can the Trademark Assistance Center provide any legal advice.
A copyright protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Only a copyright attorney can completely understand the law, which is a form of intellectual property law and does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.
A patent protects inventions or discoveries. Ideas and discoveries are not protected by the copyright law, although the way in which they are expressed may be.
A trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others.
Do you need an attorney in order to file for a copyright or trademark?
While an attorney is not required, the United States Patent and Trademark Office provides the following advice:
"WARNING: While an applicant can file his or her own trademark application... attorneys who are familiar with trademark matters represent most applicants. Before ever filing a trademark application, a trademark attorney can conduct a more comprehensive search for potential problems with your use of a proposed mark than you will be able to conduct in TESS (Trademark Electronic Search System). The attorney then can counsel you regarding use of the mark, recommend whether to file a trademark application, and advise you on your likelihood of success in the registration process."
A copyright protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Only a copyright attorney can completely understand the law, which is a form of intellectual property law and does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.
A patent protects inventions or discoveries. Ideas and discoveries are not protected by the copyright law, although the way in which they are expressed may be.
A trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others.
Do you need an attorney in order to file for a copyright or trademark?
While an attorney is not required, the United States Patent and Trademark Office provides the following advice:
"WARNING: While an applicant can file his or her own trademark application... attorneys who are familiar with trademark matters represent most applicants. Before ever filing a trademark application, a trademark attorney can conduct a more comprehensive search for potential problems with your use of a proposed mark than you will be able to conduct in TESS (Trademark Electronic Search System). The attorney then can counsel you regarding use of the mark, recommend whether to file a trademark application, and advise you on your likelihood of success in the registration process."