FAQs
Trademark, Copyright, and Business Contracts
As a solo law firm dedicated to helping small businesses and creators protect their ideas, brands, and partnerships, I’ve gathered the most common questions clients ask about trademarks, copyrights, and contracts.
Trademark Law FAQs
1. What is a trademark and why do I need one?
A trademark protects your brand name, logo, or slogan so competitors can’t use confusingly similar marks.
2. What’s the difference between ™ and ® symbols?
™ can be used anytime to claim rights in a mark, while ® is reserved for federally registered trademarks.
3. How long does a U.S. trademark registration last?
Indefinitely, as long as you keep using the mark and file maintenance documents at required intervals.
4. Do I need to register my trademark to have rights?
Common-law rights arise through use, but federal registration gives you nationwide protection and stronger legal tools.
5. How do I know if my name or logo is available?
A professional trademark search helps you identify conflicting marks before you file.
6. What is the process for registering a trademark with the USPTO?
It involves filing an application, undergoing examination, and responding to any Office Actions before registration.
7. How long does trademark registration take?
Typically 8–12 months, depending on the USPTO’s workload and any objections raised.
8. Can I trademark a slogan or tagline?
Yes—if it identifies your brand and isn’t purely descriptive or generic.
9. Can I trademark a domain name or hashtag?
Yes, if it functions as a source identifier for your goods or services.
10. What happens if someone copies my trademark?
You can demand they stop, and if needed, pursue legal remedies for infringement or unfair competition.
11. Can I register a trademark for free?
No. The USPTO charges government filing fees, and attorney fees are separate.
12. What is a “likelihood of confusion”?
It’s when two marks are so similar that consumers might believe they come from the same source.
13. Can I trademark my business name and logo in one application?
Yes, but only if they always appear together. Otherwise, separate filings are recommended.
14. What’s the difference between state and federal trademarks?
State trademarks protect you locally; federal registration covers all 50 states.
15. Do I need an attorney to file a trademark?
Not required, but highly recommended — an attorney can avoid costly mistakes and Office Actions.
16. What is an Office Action from the USPTO?
A letter explaining issues with your application that must be addressed before approval.
17. Can I trademark something that’s already in use?
Not if it’s confusingly similar to an existing registered or pending mark.
18. What is an intent-to-use application?
It allows you to apply before you start using the mark, reserving your rights.
19. Can foreign businesses register trademarks in the U.S.?
Yes, though they must have a U.S.-licensed attorney represent them before the USPTO.
20. What if I change my logo or name after registration?
You’ll need to file a new application for the new version.
21. Can I sell or license my trademark?
Yes—trademarks are intellectual property that can be assigned or licensed.
22. How can I protect my trademark internationally?
Through the Madrid Protocol, which streamlines filing in multiple countries.
23. What is trademark infringement?
Unauthorized use of a mark that causes confusion about the source of goods or services.
24. What’s a specimen in a trademark application?
A real-world example showing how you use the mark (like product packaging or a website screenshot).
25. How do I maintain my trademark registration?
File maintenance documents at years 5, 10, and every 10 years thereafter.
Copyright Law FAQs
1. What is copyright protection?
It protects original works of authorship like music, writing, art, photography, and software.
2. When does copyright protection begin?
Automatically upon creation — you don’t need to register, but registration adds legal benefits.
3. What can be copyrighted?
Books, music, movies, artwork, photos, software, choreography, and architectural works.
4. What cannot be copyrighted?
Ideas, facts, titles, names, slogans, and common symbols.
5. How long does copyright last?
For individuals, life of the author plus 70 years. For businesses, 95 years from publication or 120 years from creation.
6. Why should I register my copyright?
Registration is required to file a lawsuit and lets you claim statutory damages and attorney’s fees.
7. Can I copyright my website content?
Yes—text, images, and design elements can all be protected.
8. Can I use images found online if I give credit?
No—credit alone doesn’t make unauthorized use legal.
9. What is “fair use”?
A legal exception allowing limited use of copyrighted material for commentary, education, or parody.
10. How do I register a copyright?
Through the U.S. Copyright Office’s online system by submitting a copy of your work and paying a filing fee.
11. Can I copyright my business logo?
If it contains original artistic elements, yes. Simple word marks fall under trademark law.
12. Can I copyright a name or title?
No. Names and titles are not protected by copyright.
13. What is the difference between copyright and trademark?
Copyright protects creative works; trademarks protect brand identifiers.
14. Can I sell or license my copyright?
Yes, you can transfer ownership or grant licenses for use.
15. What is a work-for-hire?
When someone creates a work as part of employment or under contract, the employer owns the copyright.
16. Do I own the copyright to photos taken of me?
Usually, the photographer owns them unless a contract says otherwise.
17. What if someone copies my work without permission?
You can send a takedown notice or pursue infringement claims in court.
18. What is a DMCA takedown notice?
A formal request to remove infringing content from websites or social media.
19. How do I prove copyright ownership?
Registration, dated drafts, and metadata can all serve as proof.
20. Can I copyright software or code?
Yes, software is protected as a literary work.
21. Can multiple people share copyright ownership?
Yes, in joint works—each co-author has equal rights unless agreed otherwise.
22. What if I commission someone to create artwork?
You should have a written agreement stating who owns the final copyright.
23. Can AI-generated content be copyrighted?
Currently, only works with human authorship are protected.
24. What is copyright infringement?
Unauthorized copying, distribution, or display of someone else’s copyrighted work.
25. Do I need a lawyer to handle copyright registration or disputes?
Not legally required, but an attorney helps navigate ownership, licensing, and enforcement
Business Contract FAQs
1. What is a business contract?
A legally binding agreement that defines rights, duties, and obligations between parties.
2. Why are written contracts important?
They prevent misunderstandings and protect you in case of disputes.
3. What makes a contract legally enforceable?
Offer, acceptance, consideration, mutual intent, and legal capacity.
4. Can an email exchange form a binding contract?
Yes—if it includes key terms and intent to be bound.
5. Do contracts need to be notarized?
Usually not, unless state law or the contract type requires it.
6. What’s the difference between a contract and an agreement?
All contracts are agreements, but not all agreements are legally enforceable contracts.
7. What happens if someone breaches a contract?
You can seek remedies like damages, specific performance, or termination.
8. Should I use a template contract from the internet?
It’s risky—templates may not reflect your state laws or your exact situation.
9. What is an NDA (Non-Disclosure Agreement)?
A contract that keeps confidential information private between parties.
10. What is an independent contractor agreement?
It defines terms between a business and a non-employee service provider.
11. Can contracts be signed electronically?
Yes, e-signatures are legally valid under U.S. federal law.
12. What’s the difference between a partnership agreement and an LLC operating agreement?
A partnership agreement governs partners; an operating agreement governs members of an LLC.
13. Do I need a written agreement for every business deal?
Not always, but written contracts help avoid disputes.
14. What should every business contract include?
Parties’ names, scope, payment terms, timelines, confidentiality, and dispute resolution.
15. What is a “boilerplate” clause?
Standard language covering legal issues like jurisdiction, severability, or force majeure.
16. Can I modify a signed contract?
Yes—with mutual consent and proper documentation.
17. What is a buy-sell agreement?
It outlines what happens if a business owner leaves, dies, or wants to sell their share.
18. What’s the difference between mediation and arbitration clauses?
Mediation is informal negotiation; arbitration is a binding private process.
19. Can I write my own business contract?
Yes, but having an attorney review it ensures it’s enforceable and protects your interests.
20. What is a non-compete clause?
A provision preventing a party from competing with your business for a certain time or region.
21. Are non-compete clauses enforceable?
Depends on your state—California, for instance, largely bans them.
22. What is an indemnity clause?
It requires one party to compensate the other for certain losses or damages.
23. Can a contract be terminated early?
Yes, if the agreement allows or both parties consent.
24. How long should I keep copies of my contracts?
At least 5–7 years, or longer if required by law or tax regulations.
25. Why should I hire a lawyer to draft or review contracts?
A lawyer ensures your contract protects you, avoids ambiguities, and complies with state law.