Trademark Services in Morgan County
Does copyright law protect my photos posted on social media?
U.S. copyright law protects creative works, and photos posted on social media are no exception. The Copyright Act protects photos posted to websites such as Instagram, Twitter, and Facebook, but only if the images meet the minimum creativity requirements, are original, and are fixed in a tangible means of expression. When a photographer captures a photograph, they make creative decisions as to the subject matter, lighting, exposure, focus, etc., which typically satisfies both the creativity and originality requirements. Photographs taken with a phone or digital camera meet the fixation requirement when it is recorded or stored in a format that can be preserved and retrieved for future use, display, reproduction, or other commercial exploitation.
Can you protect your username / handle on social media?
You’ve spent hours building your brand on social media. Protect your Instagram, Facebook, Tiktok, and Twitter handles by registering the username with the United States Patent and Trademark Office ("USPTO"). If you are successful in registering your social media username, you will be establishing its role alongside your brand. This can help prevent others from exploiting your reputation and the goodwill you have built up through commercial use of your username.
Social media handles are eligible for Morgan trademark protection if they are used in connection with the goods or services you offer. This means that the handle must be distinctive and not merely descriptive of the goods or services you offer.
Treat your username or handle as a brand name and ensure that you are able to use it in commerce. This process begins with a trademark search, and if successful, a trademark registration application. This will ensure that no one else is using your name in an area of commerce that is similar to yours and prevent consumer confusion and diversion of sales. Axenfeld Law offers a full suite of services to help build, protect, and enforce your brand. This includes thorough assessment of your brand and the development of a strategy to protect your social media business.
Morgan Trademark Registration Services
Having a registered trademark can be valuable for protecting a company's intellectual property and brand identity. Morgan Countytrademark registration services are the process of obtaining official legal protection for a unique symbol, design, phrase, or name used to identify a brand. It is important to register a trademark to prevent others from using similar marks that could cause confusion for consumers. A registered trademark also grants the owner the right to take legal action against infringement. The trademark registration process typically involves a search for existing trademarks, filing of the trademark application, examination by the trademark office, and final approval or denial. The attorneys at Axenfeld Law Group specialize in registering trademarks and can help you navigate the process and increase the chances of successful registration.
What should you look for when hiring a Morgan County trademark attorney?
An experienced Morgan County trademark attorney can help you navigate the best way to register, maintain, and protect your trademark. Whether you are considering trademark registration, defending against accusations of trademark infringement, or enforcing your rights against trademark infringers, choose a trademark attorney who is familiar with all areas of intellectual property law. An attorney who can advise you not only on trademark matters but also trade secret law, patent law, unfair business practices, and copyright law will help ensure you are protected on all sides.
Finally, ask if the attorney has experience handling cases for the types of goods and/or services covered by your trademark. You will feel at ease knowing your attorney is familiar with the nuances of your industry.
Morgan County Trademark Trends
Recent trademark registration trends have seen an increase in the number of trademark applications filed, especially in the areas of technology (Artificial Intelligence (AI), blockchain, and NFTs), entertainment, and fashion. Additionally, there has been a rise in the use of trademark protection for colors, sounds and scent marks, as well as in the registration of trademarks for cannabis-related goods and services. Furthermore, with the growth of e-commerce and the increasing use of social media for business purposes, there has been a rise in the number of trademarks being filed for logos, taglines, and hashtags. However, there has also been an increase in the number of rejections and objections being raised during the trademark examination process, particularly for marks that are deemed descriptive or generic.
How can a Morgan patent attorney protect an idea?
An idea can be protected by a patent if the idea constitutes an invention. An idea may be considered an invention under U.S. patent law if it is a new and useful process or machine, or a new and useful improvement to an existing process or machine. Abstract ideas are not patentable, and your invention cannot be something that would be obvious to an ordinarily skilled person in the field of the invention. Your idea must also be detailed enough that it can be described in such a way that an ordinarily-skilled person could make and use the invention based on that description. A patent attorney can help make sure your idea meets the requirements of a patentable invention, and secure protection for that idea by preparing and filing a patent application with the U.S. Patent and Trademark Office (USPTO).