The strength of a mark is determined by its ability to let consumers know exactly the source, without causing confusion. Trademarks can be (from weakest to strongest): generic, descriptive, suggestive, arbitrary or fanciful. An example for each would be: Generic - “The Shop” for a store Descriptive - “Yellow Yummy Fruit” for a banana Suggestive - “Better Health” for vitamins Arbitrary - “Neon Lamps” for a band Fanciful - “Tegon” for electronics.

1. Determine the type (word, logo, trade dress, etc.), and International Classification for your mark; 2. Research the use of your trademark in commerce, and in both local and federal registries; 3. Use your findings to assess the strength and registrability of your trademark; 4. Complete the application (you will need to provide a detailed description of your mark, and various samples of its use in commerce); 5. Pay the corresponding fees (which vary by registry, and by the type of request); 6. The register will then either certify your mark, or answer with an Office Action (a notice which requests additional information, or alerts the petitioner of a potential conflict with another mark); 7. If requested, provide additional information, or clarify the confusion with the pre-existing mark until the mark is certified, or finally denied; and 8. Renew your trademark by paying the corresponding fees (registration periods and fees vary by registry).

When can I register my trademark? If you have already begun to use your mark in commerce, you can register it at any time using a regular application. If you have not used it in commerce, but plan to do so in the next few months, you can file an Intent of Use Application and later provide evidence of use in commerce.

Even if not required, it is highly recommended that you use an Intellectual Property attorney to register your mark. Registry fees are non-refundable so you should avoid cancellations for incomplete applications, faulty replies to Office Actions, or lack of research. The benefits of using an attorney include: Legal opinion on the strength of you mark; Detailed research of local and federal registry, as well as use in commerce to assess likelihood of confusion and therefore registration; Recommendations as to types of marks and International Classes to register; Experience with the local and federal online registry processes; Preferential fees in some registries (USPTO); and Ability to respond to Office Actions on your behalf.

A trademark is a symbol (e.g., word, phrase, design) that allows consumers to identify the source of a product or service. The word “trademark” is used interchangeably to refer to both trademarks (for goods) and service marks (for services). You can also trademark “trade dresses”, or the total look or packaging of a product (a wine bottle design and label or a chain restaurant’s design and decorations).

First, you need to determine what you want to register. A brand may have many trademarks: a word for its name, a logo design, or even a catchphrase. You will need a thorough description of each, and samples of their use in commerce. Then you should determine which International Class your good or service is in. Trademarks can only be registered in the International Class for the good or service you provide and in International Classes that closely relate to your good or service. Your attorney can help you research these classes and determine the best matches for your mark. Finally, each registry requires fees for application, which will vary by registry and depending on the amount of marks, and International Classes.

Registry is not available to every trademark. Before commencing your registration application we recommend you consult an attorney for an opinion as to your mark’s registrability. You cannot register: Marks that closely resemble pre-existing marks in the same (or similar) International Classes, as this may cause confusion among consumers; Marks that closely resemble trademarks so famous they would cause confusion even if they are in different International Classes; or Generic or descriptive trademarks (descriptive trademarks could be registered if they prove to have “secondary meaning”, which can be achieved by having a presence so strong in commerce, that no consumer would be confused by your trademark because they already know it well). Some examples of things you cannot trademark: “Coca-Cola” for cars (even if its in a different International Class, this trademark is so famous, it is off-limits to everyone); “Tigre” for a soda, if there already is a “Tiger” for juice (words that sound/look similar, or are translations of existing marks); “Shoe” for shoes. Note that if another mark (similar to yours) is not registered but has achieved secondary meaning (because of its use in commerce) it could oppose your registry if it can prove likelihood of confusion. Marks that are registered in similar International Classes to yours could also prove an obstacle (even if they are not in the exact same International Class). In some instances trademarks may contain one element that is not registrable but others that are. For example: “Zook Gum”. You can register the phrase as a whole and prevent others from using Zook Gum or Zook, but not Gum by itself.

If you are planning to offer your goods or services in a specific geographic region, you can register the trademark at the local register (in Puerto Rico, we have a Puerto Rico Trademark Office in our State Department, the “PRTO”). However, if you plan on expanding outside of your territory or offering your good or service through the internet, we recommend you use the United States Patent and Trademark Office’s (the “USPTO”) registry for protection in all of the United States. If you need international protection, consult with your attorney for further proceedings.

The intellectual property rights for a trademark are generated by the mark’s use in commerce, not by registration. This means that as soon as people start associating your brand with its origin (the source of the product or service), you may have a right over your mark (this is referred to as gaining “secondary meaning”). However, if you want to protect that right, you should register it. Registering your trademark will prohibit others from using your mark (or marks so similar that consumers would be confused). Registration also provides other benefits, like legal presumption of the validity and ownership over the trademark, and special remedies if you ever need to go to court.

Fair Use is a legal doctrine that allows the unlicensed use of copyright-protected works in certain circumstances. These include situations where the work is being used for criticism, parody, comment, news reporting, teaching, scholarship, and research. However, this doctrine does not apply automatically and you would still be liable to a lawsuit where a judge would need to consider four factors in order to determine whether the use was fair or not (purpose of the use, nature of the original work, the amount of the original work that was used, and the market effect on the original work). For more information, please visit https://www.copyright.gov/fair-use/ We highly recommend consulting an Intellectual Property attorney before you use a copyrighted work without permission from the copyright owner, as you’ll get a better understanding of the potential risks involved and the likelihood of success in a lawsuit. Ideally, you are able to create your own original work or use material from the public domain, if you can’t secure a license to use another individual’s copyrighted work.

No. Your work receives copyright protection the moment it is finished and fixed in a tangible form (e.g. paper, canvas, recording). Likewise, you do not need to publish your work to be protected. However, you will have to register your work if you wish to bring a lawsuit for infringement of such work in the U.S.

The Copyright Office Registry (under the U.S. Library of Congress) is used to register the economic rights of a work. If you want to register the moral rights to a work, then you have to go to your local registry. In Puerto Rico, you can go to the Puerto Rico Intellectual Property Registry. You can always register your work in both registries but if you need to choose, make sure you pick the right registry because you cannot use one certificate to enforce the rights of the other.

How long does copyright protection last? The copyright term for a particular work will depend on several factors, including whether it has been published, and, if so, the date of first publication. In general, for works created on or after January 1, 1978, the term of copyright is the life of the author plus 70 years after the author’s death. If the work is a joint work with multiple authors, the term lasts for 70 years after the last surviving author’s death. For works made for hire and anonymous or pseudonymous works, the duration of copyright is 95 years from publication or 120 years from creation, whichever is shorter.

“Works made for hire” are an important exception to the general rule for claiming copyright ownership in a work. When a work is made for hire, the author is not the individual who actually created the work; instead, the party that hired the individual (through a signed written agreement) is considered the author and the copyright owner of the work.

Copyrights can only be transferred through a signed written agreement. That means that a handshake, a verbal promise, or a pinky swear, will not do.

What are the moral rights of a copyright owner? In Puerto Rico, moral rights are granted by law to protect an author's association with a creative work by preserving the integrity of the work and intent behind the work. The exclusive moral rights granted encompass the following: Attribution Right - the author's ability to receive (or refuse) a credit under their name or a pseudonym. Retraction Right - the author’s ability to renounce ownership of the work when it no longer aligns with his/her intellectual and/or moral convictions. Integrity Right - the author's ability to: Prevent the mutilation, deformation or alteration of the work to avoid a negative impact on his/her legitimate interests or reputation; Prevent the public display or distribution of such mutilated, deformed or altered work to avoid a negative impact on his/her legitimate interests or reputation; and Prevent the destruction of unique or original works. Access Right - for unique or original works which are under another individual’s control to exert any of the author’s moral rights.

The copyright in a work initially belongs to the author(s) who created the work.

Copyright protection does not cover facts, ideas, procedures, processes, systems, methods of operation, concepts, principles, or discoveries. It also excludes aspects of a work that are considered trademarks, like video game titles, business names, and catch phrases/slogans.

Works that do not have copyrights are considered to be in the public domain. This can happen because the authors gave up (or lost) their copyright, or because enough time has passed since its creation. All works created before 1921 are in the public domain. All works created afterward depend on different factors to determine when they reach the public domain. An Intellectual property attorney can help you determine if a work has entered the public domain.

Registration is recommended for a number of reasons, including: Having a certificate of registration, which could be requested by other parties when negotiating deals (e.g. when you want to sell your video game to a publisher); Being able to enforce the exclusive rights granted by copyright law through litigation (i.e. having access to federal courts). Registered works may be eligible for statutory damages and attorney's fees in a successful litigation; and If registration occurs within five years of publication, it is considered evidence of ownership of a work in a court of law.

What happens if there is more than one author? When there are two or more authors, they will be considered joint authors (or co-authors) and all shall have an indivisible interest in the work as a whole. This means that, unless there is a written agreement that states otherwise, all co-authors shall have the same rights and ownership over the work as a whole. They can each administer the work individually, but they can not transfer the copyrights without the other co-author’s approval.

The general rule is that permission is needed (in writing, usually through a license) from the copyright owner. There is one exception: the Fair Use doctrine.

Copyright law is an intellectual property law that grants legal protection to original works of authorship fixed in a tangible medium of expression. Think of an individual that paints an original image of a bird on a canvas. In that scenario, the canvas serves as the tangible medium of expression and the bird serves as the original work of authorship. The “U.S. Copyright Act” applies throughout the United States (including Puerto Rico) and protects the economic rights of a copyright owner. In Puerto Rico, the moral rights of a copyright owner are also protected thanks to the “Author’s Moral Rights Law of Puerto Rico” (“Ley de Derechos Morales de Autor de Puerto Rico”).

Even if not required, it is highly recommended that you use an Intellectual Property attorney to register your work(s). Filing fees are non-refundable so you should avoid registration refusals for incomplete applications, lack of timely or adequate replies to Copyright Office correspondence, or submitting an inadequate copy of your work. The benefits of using an attorney include:Specialized knowledge related to works that may or may not be copyrighted;Detailed research of local and federal records of registrations, to determine ownership for any work you might want to utilize;Experience with the local and federal online registry processes, which entails faster registration and examination, among other perks; andAbility to file requests for reconsideration and respond to any Copyright Office correspondence on your behalf.Should I consult an attorney to register my work(s)? Even if not required, it is highly recommended that you use an Intellectual Property attorney to register your work(s). Filing fees are non-refundable so you should avoid registration refusals for incomplete applications, lack of timely or adequate replies to Copyright Office correspondence, or submitting an inadequate copy of your work. The benefits of using an attorney include: Specialized knowledge related to works that may or may not be copyrighted; Detailed research of local and federal records of registrations, to determine ownership for any work you might want to utilize; Experience with the local and federal online registry processes, which entails faster registration and examination, among other perks; and Ability to file requests for reconsideration and respond to any Copyright Office correspondence on your behalf.

The only exception to the requirement of having a written agreement is when the person doing the work is your employee and the work is being requested as part of their regular scope of duties. In all other cases, you need a signed written agreement.

The U.S. Copyright Act allows copyright owners to derive financial reward from the use of their works by others. This is achieved by granting copyright owners with the exclusive economic rights to: Reproduce the work in copies or phonorecords (e.g. printing out copies of a book or storing music in CDs); Prepare derivative works (e.g. making a sequel to a film or video game); Distribute copies of the work (e.g. publishing your video game in an app store or selling music CDs); Perform the work publicly (e.g. performing your comedy routine at an open mic night or a play in Broadway); Display the work publicly (e.g. displaying your sculpture at a gallery or a movie in a theater); Perform the work publicly by means of a digital audio transmission, if the work is a sound recording (e.g. streaming your song through Spotify).

Copyright protects a wide variety of creative and original works including literary, dramatic, musical, and artistic works, such as poems, novels, plays, films, musical compositions, paintings, photographs, video games, sculptures, and architecture.