Basics of Trademarks and Copyrights

Basics of Trademarks and Copyrights

BASICS OF TRADEMARKS AND COPYRIGHTS
by David Steele

Trademarks can be important in building your ideal practice if you create a “brand” by using a distinctive business name and logo, or design your own services and products.

Copyrights can be important if you write content for your website, brochure, newsletter, etc.

Anything original that you create for your business is your intellectual property and is protected by law from others using it and calling it their own. Technically, you do not need to do anything to protect your intellectual property other than be able to prove that you created it and when.

To let the world know that you are a professional and are serious about your intellectual property, you can use the “Circle C” copyright symbol (©) on anything you publish, and the “Trade Mark” (™) and “Service Mark” (SM) on any product or service you create, without any filing forms, as long as it is original and you are not infringing on something too close to what someone else created before you.

To fully protect your written intellectual property you can register your copyright by filling out some forms and sending $30.00 along with your material to the U.S. Library of Congress Copyright Office

To fully protect your business name, logo, service, and/or product, you can register for a trademark with the U.S. Patent and Trademark Office
The easiest way to do this is online here for $335.00 per “class” (category).

Only trademarks that are approved and registered with the USPTO can use the “Circle R” (®) symbol.

Do you need to “fully protect” your copyright or trademark by filling out forms and paying the fees? Not really, because your intellectual property is protected by law regardless, but the advantage is being able to enforce your rights and discourage others from infringing because they know that if it went to court, you would most likely win.

COPYRIGHTING:

U.S. Copyright Office home page

TRADEMARKING:

Trademarking was a daunting task for me until I did it myself on-line for the first time. I now have three trademarks and find the process not so bad! Expect 6-12 months from start to finish.

You can trademark a graphic, like a logo, quite easily. Trademarking words or a phrase is a little trickier, but doable if it doesn't infringe on an existing trademark and the word combination is unique (you can't trademark commonly used words or phrases).

TIP: be very nice to the assigned examiner and s/he can be very helpful in walking you through the process after you have applied.

Basic facts about trademarking

Trademark FAQ

To apply for a trademark online

U.S. Patent and Trademark Office home page

To search trademarks to find if the one you want is available, or check on someone else's trademark, go to the U.S. Patent and Trademark Office home page click 'Search Trademarks' on the lower right graphic.

Before applying for a trademark, since not all trademarks are federally registered, do a thorough internet search (I like Google) to make sure that someone else didn't use your idea before you.