When most people consider writing a book, they don’t think
about Trademarks. However, I highly recommend that you
leverage your writing for multiple purposes, and that’s why
registering a Trademark for your concept is a good idea. If
you use your writing as the basis for workshops and other
products, it’s in your best interests to protect your
concepts with a Trademark.
To paraphrase the definition of a Trademark given at the
official web site www.uspto.gov, a Trademark is a symbol, a
word, a phrase, or a design, (or any combination), used to
identify and distinguish the unique source of goods. Note
that a Service Mark has the same definition as a Trademark,
except as related to services instead of products.
You are not required to register a Mark.
...used anywhere in the world before the filing of the patent application); It must involve an inventive step (i.e. it cannot be an obvious step); It must be capable of industrial application( all industries apply); and It cannot fall within ...
establish your rights to the Mark with a record of
legitimate use of it. However, there are several
advantages to owning a Mark that is federally registered.
The most notable is your premier position if anyone else
should attempt to use your Mark after your official
registration date.
Regardless of whether you’ve made an application to the
USPTO for a federally registered Mark, you may use the TM
and SM symbols any time you claim Mark rights. However, the
federal symbol for registration (encircled “R”), may only
be used after the USPTO has received your application,
processed it, and officially registered your Mark. One more
thing to note: the federal registration symbol can only be
used in connection with the goods or services that are
specifically listed in the
...must obtain a patent. While trademark (words, names, and symbols for goods or services) and copyright (for literature, art, drama, and music) are common protective approaches for intellectual property, patents are used to protect the rights of an inventor. Before ...
Of course, there is a difference among the purposes of
Trademarks, copyrights, and patents. Patents protect a
inventions. Copyrights protect original literary or
artistic work.
Your work is copyright protected under common law when you
create it. And by printing the work with the copyright
notification included, you have signified your claim to the
work. However, to have it officially recorded, you will
want to register it with the Copyright Office. Keep in mind
that the government does not enforce the copyright. If
someone were to infringe, it would be up to you to protect
your rights through a civil suit.
Contact the Copyright Office to get the forms. Call 202-
707-3000 and request copyright package 109, or go to the
web site, www.loc.gov/copyright and fill out form
...leads to problems. When you start a business, you probably have visions of huge success. At the same time, it can be difficult to plan for it when you are sitting in your home office or garage and just getting ...
register your copyright of a book, take these steps: 1)
Print the copyright notice on the copyright page (title
page). You may use the word copyright, but “C” in a circle
says the same thing and is necessary for international
protection. Also, add “All rights reserved.” The notice
must appear in all copies of the book to protect you. The
copyright should be in the name of the owner. 2) Publish
the book. 3) Register your claim with the Copyright Office
within three months of the book being published.
New copyright duration is for the author’s life, plus
fifty years. Since your ownership is part of your estate,
mention it in your will. Everything is protected by the
copyright, (text, graphics, etc.), except titles.
...exactly what they are. With over 21 million units shipped, and over 75 per cent of the personal Digital Audio Player (DAP) market worldwide, it s no surprise Apple Computer Inc. has become the 800-lb. gorilla of portable music players. ...
can’t be copyrighted. However, does the title fit the
definition of a Trademark? If so, you can claim it that
way. An example: “Chicken Soup for the Soul” is Trademarked
because it can’t be copyrighted. No one actually would use
that title for their own creation, but if it weren’t
Trademarked, anyone could legally profit from using the
phrase to market other products.
Cover all your bases and use the means available to
protect your creation. By registering your copyright and
your rights in a Mark, the safeguards are prepared if
someone tried to use your work as their own.
As a publisher of the “A Guide To Getting It” book series,
Marilyn J. Schwader has made a study of topics related to
writing. She is contributing author of
...are in the same category or with those that have identical or almost the same name as your company. It also differentiates you from companies that bear a logo or company seal that represents your establishment. Nowadays, jingles are also ...
your premier resource on-line for information on writing.
Find the archive of articles at: http://www.acornwriting.com/
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