If you’re an artist, entrepreneur, or content creator, your work is more than just your passion, it’s your livelihood. Whether you’re designing logos, writing books, launching a brand, or creating digital content, it’s critical to understand how to legally protect your creative output. That’s where copyright and trademark law come in.
Unfortunately, many creators don’t think about intellectual property (IP) protection until there’s a problem, like discovering their logo on someone else’s website or their photos reposted without credit. The good news is that you can take proactive steps now to secure your rights and avoid costly legal battles later. And if you’re looking for help navigating this process, working with an intellectual property lawyer in Raleigh, NC, can give you peace of mind and legal protection.
What’s the Difference Between Copyright and Trademark?
Understanding the basic categories of IP is a good first step.
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Copyright protects original works of authorship. This includes things like written articles, blog posts, books, music, films, photographs, and even software code. If you created it and it’s an original expression, it’s probably copyrightable.
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Trademark, on the other hand, protects brand identifiers—names, logos, slogans, and other marks that distinguish your products or services from someone else’s. If it’s tied to your business identity, it likely falls under trademark law.
While both are forms of intellectual property, they serve different purposes. Copyright safeguards the content itself; trademark protects the source of goods and services. Many businesses and creators need both.
How Do You Secure Copyright Protection? | Intellectual Property Lawyer in Raleigh
The moment you create something original and fix it in a tangible form, like writing a blog post or recording a song, you own the copyright. But if you want stronger legal protection, including the right to sue for infringement in federal court, you’ll need to register it with the U.S. Copyright Office.
The registration process involves submitting your work, filling out a simple application, and paying a small fee. While it’s possible to do this yourself, many creatives benefit from working with an intellectual property lawyer in Raleigh, NC, who can help avoid common mistakes and ensure everything is filed properly.
Registering a Trademark
Trademark registration is a bit more complex. Before you can register a trademark with the U.S. Patent and Trademark Office (USPTO), you need to conduct a thorough search to make sure your desired name or logo isn’t already taken. Filing without this step can lead to costly rebranding or even legal action.
Once you’ve confirmed your mark is available, you can file an application, submit a sample showing the mark in use, and go through the USPTO’s review process. Having an intellectual property lawyer in Raleigh, NC, assist with your trademark application increases your chances of approval and helps you avoid unnecessary delays or denials.
Common Infringement Issues | Intellectual Property Lawyer in Raleigh
Even if you’ve done everything right on your end, others may not. Copyright and trademark infringement are, unfortunately, common, especially online. Your images might be copied without permission, or another business might launch with a name almost identical to yours.
When infringement happens, you have a few options:
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Send a cease and desist letter.
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File a Digital Millennium Copyright Act (DMCA) takedown notice for online content.
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Pursue formal legal action, including filing a lawsuit.
In each of these cases, having an experienced intellectual property lawyer in Raleigh, NC, on your side makes it easier to defend your rights effectively and quickly.
Why Legal Help is Important
Navigating IP law isn’t always straightforward. Each type of protection has its own requirements, deadlines, and nuances. Missing a detail could mean losing your right to defend your work—or worse, facing a claim that you’ve violated someone else’s IP.
By working with a knowledgeable intellectual property lawyer in Raleigh, NC, you’re not only protecting your current work, you’re also laying the foundation for future growth. Whether you’re building a personal brand, running a small business, or launching your first product line, protecting your intellectual property is essential.
Need Help Protecting Your Work?
At Eldreth Law Firm, we understand the creative and entrepreneurial spirit that drives you. We work with writers, designers, business owners, and creators across Raleigh and the surrounding areas to safeguard their intellectual property. Whether you need to register a copyright, apply for a trademark, or deal with infringement, our team is here to help.
Schedule a consultation today with an intellectual property lawyer in Raleigh, NC, and take the first step toward protecting what you’ve worked so hard to build.
