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Is Your Branding Properly Protected? COPYRIGHT PITFALLS
By the end of the year, for full copyright protection in Europe, companies will have to apply for both an EU and U.K. copyright. There will be a transition period though for companies that already have an EU copyright. The U.K.’s Intellectual Property Office’s plan is to create a copy of every existing EU trademark and continue to protect them as if they were U.K. registrations. This also includes any EU copyright that is granted between Jan. 1–Dec. 31, 2020. Any claim that gets approved after Dec. 31, 2020, has nine months to opt in for a U.K. copyright claim. There is some good news: In a recent report issued by the U.S. Chamber of Commerce, the United States tied for second in patent protection. So your patents and copyrights are protected in the U.S. without question. But navigating these legal changes can be difficult for anyone, especially startups hoping to scale their businesses. Such companies can utilize Patent and Trademark
One of the worst things that can happen to a company is seeing their business’ logo design or branding fall into the public domain. If you’re unfamiliar, anything in the public domain is not protected by intellectual property laws including trademark, patent, or copyright laws. No single entity owns these designs; they are public. Now, you may have a current copyright on your logo or slogan, but there are several pitfalls you still need to watch out for. Here are a couple of things to consider in order to avoid hurting your own copyright claim. Expired Copyright If the copyright you’re using was inherited from your family or previous business owners, check when the branding materials were copyrighted. According to Copyright.gov, the protection of a copyright lasts for the life of its owner plus 70 years. Not keeping tabs on a copyright’s age leaves your company at risk having its premier design or logo used by anyone. In 2003, Disney almost ran into this issue with “Steamboat Willie” (the first film featuring Mickey Mouse). Though Disney was granted an extension, it will have to address the problem again in 2024. The Renewal Trapdoor Under the copyright laws in practice in 1964, a copyright holder had to file a renewal 28 years after publication. After 1964, thousands of advertising and artistic works fell into the public domain. So, if you’re using aspects of an original design created before 1964, do your homework and make sure a renewal was filed. Unprotected Phrases, Facts, and Theories Sayings like “Beam me up” or “Show me the money” cannot be protected by copyright law. Certain names, phrases, or small groups of words are considered common aspects of the English language. But specific advertising slogans that don’t relate to common phrases are protected under trademark law. Additionally, scientific discoveries and facts are not protected under copyright law. For example, the fact that Mount Everest is the tallest mountain on Earth cannot be protected under copyright law. It’s always good to make sure your slogans and other marketing materials don’t contain any common phrases or facts.
Resource Centers, which provide resources in every state for businesses to protect their intellectual property. If you feel you need this resource, go to USPTO.gov for more information.
Puzzle
Copyright cases are always challenging to navigate. If you have any concerns about your copyright, reach out to us anytime. You can call us at (407) 598-8407 or (407) 377-6688.
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