FREQUENTLY ASKED QUESTIONS
General Questions
What does an intellectual property attorney do?
An intellectual property (IP) attorney helps you protect the creative and commercial assets that make your business or work unique. For artists, musicians, and entrepreneurs, that means protecting your brand name, logo, creative works, and other original content from unauthorized use. At the Law Office of Lauren A. Malone, I focus specifically on copyright and trademark law — helping you register, enforce, and leverage your IP rights at the federal level.
Do I need a lawyer to file a trademark or copyright?
You are not legally required to hire an attorney to file a trademark or copyright application — but mistakes can be costly. Many applicants who file on their own receive Office Actions (rejections or objections from the USPTO) that are difficult to navigate without legal knowledge. A poorly filed application can result in delays, denials, or a trademark that doesn’t fully protect your brand. An attorney helps you get it right the first time, saving time, money, and stress in the long run.
Where are you licensed to practice?
I am licensed in New Mexico and authorized to practice in Arizona under A.R.S. Sup. Ct. Rule 42, ER 5.5(d). Because trademark and copyright law are federal, I can assist clients across the United States with federal filings before the U.S. Patent & Trademark Office and the U.S. Copyright Office.
Copyright Questions
What is copyright and what does it protect?
Copyright is a form of federal intellectual property protection that covers original creative works — including music, lyrics, artwork, photography, writing, choreography, and more. Copyright protection gives you the exclusive right to reproduce, distribute, display, perform, and create derivative works from your original creation. Registration with the U.S. Copyright Office is not required for protection to exist, but it is highly recommended: it creates a public record of your ownership and is required before you can sue for infringement in federal court.
Does my work have copyright protection automatically?
Yes — copyright protection attaches automatically the moment you create an original work and fix it in a tangible form (for example, recording a song, writing a poem, or saving a digital illustration). However, registering your copyright with the U.S. Copyright Office provides important legal advantages, including the ability to pursue statutory damages and attorney’s fees in an infringement lawsuit. Registration is a smart and relatively affordable step that every creator should take.
How long does copyright registration take?
Processing times at the U.S. Copyright Office vary. Standard registration can take several months, while expedited “special handling” registration (available for an additional fee when litigation or other urgent circumstances exist) can be completed in a matter of days. I will keep you informed throughout the process and advise you on the best approach for your situation.
Trademark Questions
What is a trademark and why do I need one?
A trademark is a word, phrase, logo, symbol, or combination thereof that identifies and distinguishes the source of your goods or services. Registering a federal trademark gives you nationwide rights to your brand name or logo, a legal presumption of ownership, and the ability to use the ® symbol. For business owners and entrepreneurs, trademark registration is one of the most important steps you can take to protect your brand and prevent others from using a confusingly similar name.
What’s the difference between ™ and ®?
The ™ symbol (TM) can be used by anyone to indicate a claim of trademark rights, even without a formal registration. The ® symbol (Registered) may only be used once your trademark has been officially registered with the U.S. Patent & Trademark Office. Using ® before registration is a federal violation and can jeopardize your application.
How long does trademark registration take?
A straightforward trademark application with the USPTO typically takes 8–12 months from filing to registration, assuming no significant issues arise. If the examining attorney issues an Office Action (an objection or refusal), the timeline can extend further. I track your application throughout the process and provide monthly status updates so you’re never left wondering where things stand.
What if someone is already using my trademark?
If you believe someone is infringing on your trademark, you may have legal options including sending a Cease & Desist letter, filing an opposition at the USPTO, or pursuing litigation. The right strategy depends on the specific facts of your situation. I offer an assessment of alleged infringement and a legal opinion outlining your options so you can make an informed decision.
Working With Lauren
How do I get started?
The first step is a complimentary discovery or introductory call. You can schedule directly through the booking links on the “SERVICES” page. During that call, we will discuss your situation, what you are looking to protect, and how I can help. There’s no pressure and no obligation.
How does pricing work?
All services are charged on a flat fee basis, so you always know what you’ll pay before we begin. There are no surprise invoices or hourly billing. Flat fees vary by service — please schedule a discovery call to discuss pricing for your specific needs.
What types of clients do you work with?
I work primarily with artists, musicians, creatives, and small business owners who need help protecting their creative work and brand identity. Whether you are an independent musician looking to copyright your album, a small business owner building a brand, or an entrepreneur launching a new product line, I am here to help you protect what you’ve built.