PROTECT YOUR BUSINESS MARKS & COPYRIGHTS

     If you use a word, logo, symbol, name, or design (a “mark”) that you want your customers or the public to associate only with your products or services, you should consider protecting it. If you do nothing or allow others to use your mark without objection, you may jeopardize your ability to protect the mark and prevent others from using it.

TRADEMARKS AND SERVICE MARKS

     A trademark is a word, logo, name, symbol or device used in a trade or business to distinguish your products from the products of others. A service mark is similar to a trademark except that it identifies and distinguishes a service rather than a product. Your trademark or service mark can be a valuable intangible asset. Often the goodwill associated with such a mark has substantial value which can enhance your company’s net worth. Far too often, the significance of protecting marks that uniquely identify your products or services is overlooked. In an increasingly electronic marketplace, it has become especially important to protect such assets. It is also equally important to avoid infringing someone else’s mark and being sued for monetary damages.

     You may be using a trademark without realizing it and; therefore, have not taken steps to protect it. Furthermore, you may be infringing someone else’s mark by use of your mark without knowing it. Trademarks and service marks can be registered to prevent others from using confusingly similar marks. However, registration cannot be used to prevent others from making similar products or from selling similar products or services under a clearly different mark. Federal registration through the United States Patent and Trademark Office is available for marks that are used in interstate or foreign commerce. There are also state registrations available, but the best way to protect your trademarks and service marks is by Federal registration.

COPYRIGHT

     Copyright is a form of protection for original works of authorship including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. Owners of copyrights have the exclusive right to reproduce the copyrighted work, to prepare derivative works, to distribute copies of the copyrighted work, to perform it or display it publicly. The copyright protects the form of expression rather than the subject matter of the work and it exists from the time the work is created in fixed form.

     If you are engaged in either the production of original works or reproduction of others’ works, you should consider the copyright implications of that activity. Not all items can be protected through copyright. Some examples are works that have not been fixed in tangible form, titles, names, slogans, ideas, procedures, methods, and works consisting entirely of information that is commonly or publicly known.

WORKS FOR HIRE

     Another important consideration is “work for hire”. In general, a work for hire is created by an employee during his or her employment, or when you specifically hire someone to create it. Determining whether a work is “for hire” can be critical in determining who owns the work. Ownership will then govern your rights to reproduce, display and perform the work. Registration of your copyright is done through the Library of Congress and is a prerequisite to bringing an infringement claim against someone for using it without your authorization.

     Careful planning with a legal advisor with expertise in trademark and copyright protection (also known as intellectual property law) can help preserve the value of your marks and copyrighted works and will minimize the risks of infringement.

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