In the United States, registration is only required to create patent rights.
However, registration of copyrights and trademarks provides for many benefits including presumption of validity and ability to bring statutory causes of action in court.
Depending on the circumstances registration prior to infringement or within 90 days of publication may create an entitlement to statutory damages and enable recovery of attorneys’ fees and costs.
Consequently, although it is not required, it is generally recommend that a person or company register their copyrights and trademarks in the U.S. as soon as possible.
Call attorney Peter A. Koziol, Esq. at 561-235-0725 to file a Patent Application, Trademark Application or Copyright Applicaiton in the United States of America.