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Intellectual property is any innovation, commercial or artistic, or any unique name, symbol, logo or design used commercially.  Often known as IP, intellectual property allows people to own their creativity and innovation in the same way that they can own physical property.

You should get a copyright registration to establish a public record; to be able to file an infringement lawsuit in federal court; and to simplify enforcing your copyright and obtaining higher damages.

A trademark registration has a 10-year term and can be renewed for additional 10-year terms if you prove the mark is still in use for all the goods and/or services stated.  Additionally, between the fifth and sixth anniversary of a mark’s registration, you must file evidence with the PTO showing that you are still using your mark.  If you do not, your registration will be canceled.

Trademarks that have been “federally registered” with the USPTO may use the R-in-a-circle (®) symbol. Trademarks and service marks that have been filed and are awaiting registration from the USPTO may use the TM (TM) and SM (SM) symbols respectively.

The intellectual property attorneys at Cislo & Thomas LLP are happy to help you with all of your intellectual property needs for the music industry.  Click here for a short legal history of the music industry.