trademark attorneyA Trademark Attorney must have the specialized proficiency necessary for representing clients in acquiring patents and acting in all cases and procedures relating to tradmark law and practice, such as submiting an opposition. The term trademark attorney is used differently in other countries, and thus may or may not necessitate the same legal competency as a general legal professional.

The titles patent lawyer and patent agent are also used in some jurisdictions. In some regions the terms are interchangeable, in others the latter is used if the person is not a licensed lawyer. In the United States, both patent attorney and patent agent have the same license to practice and act for clients before the Patent Office. Both may prepare, file, and process patent applications. In the U.S., in order to be licensed as a patent agent or patent attorney, one must pass the USPTO (United States Patent and Trademark Office) registration exam. This exam, usually referred to as the “patent bar,” evaluates a candidate’s knowledge of USPTO policies and procedures and patent law as presented in the Manual of Patent Examining Procedure (MPEP).

A copyright is created automatically when a work originates. No publication or registration or other action in the U.S. Copyright Office is required to secure copyright. However, a trademark attorney will tell you that there are definite advantages to registration. Registration creates a public record of the copyright declaration.

* Registration is requisite for works of U. S. origin before an infringement case may be filed in court, .
* Registration will constitute prima facie evidence in court of the legitimacy of the copyright and of the facts submited in the certificate, if performed before or within 5 years of release.
* If registration is made within 3 months after release of the work or before an infringement of the creation, attorney’s fees and statutory damages will be available in court actions to the copyright owner. Otherwise, only an award of profits and actual damages to the copyright owner.

Registration is not a requirement of copyright protection, but generally, only a legal formality designed to make a public record of the central facts of a specific copyright.

A trademark attorney will explain that there is no such thing as an “international copyright” that will automatically protect an author’s or inventor’s creation throughout the entire world. A copyright is a private property right and subject to the different state laws and regulations that govern the inheritance, transfer, and ownership of private property, as well as conduct of business and terms of contracts.

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