Writing - Copyrights and Trademarks Protect You

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. Instead, you can 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 federal documents.

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.

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 articles for Acorn Writing News your premier reso

Understanding Trademarks And Copyrights

If youve put a substantial amount of work into your business, then you will want to protect the fruits of your labor. If you don't want your competitors to be able to take what youve done and exploit it, youre going to need to take some steps to protect yourself.

1. What's In A Name?

Your business name is the first thing that your customers will see - it has to, therefore, be memorable and easily identifyable. If your customers know your name, then youve already won the first step to getting them to trust you and recommend you to others. You can register a trademark to protect that - a logo or word that distinguishes you from your competition. Coca-Cola, for example, is a trademark of the Coca-Cola Company - if I start selling my own drink and calling it Coca-Cola, or even something like Cocoa-Cooler, then they can sue and force me to stop.

2. More About Trademarks

A trademark doesn't stop with just the name of your business, but can also be obtained for the products you sell. If you have, for example, the blendmaster 5000, you can trademark the name blendmaster. Trademarks can not be obtained for common words. For example, Apple computer doesn't own the word apple. If you are going to get a trademark, however, be sure it's worth it, because they will cost several hundred dollars.

3. Extention Of Trademark

A trademark can be given away and usually only applies in the country where you registered it. Also, your right to use the mark will only last a set amount of years, usually a decade.

4. What Is Copyright?

A copyright is like a trademark, except it costs nothing. The moment you write, draw, or record anything, you have copyright by creation. If someone else tries to copy it without your permission, you can sue. This article you are reading right now, for example, has copyright, although the author (me) has chosen to give away certain parts of it for free. This applies to other things as well, music, graphics, etc. Please note that microchips fall under a unique classification of copyright law and the rules are not the same. Usually, copyright lasts for fifty years after your death.

If you want to give people permission to freely use and redistribute something youve made (like this article, for example), then you have the legal right to do this. You can even give up your copyright on a piece of work altogether, simply by writing on it that you no longer want to own the copyright. It's that simple. Chances are, however, that youll want more protection, not less.

For more great trademark related articles and resources check out http://www.homebusinessuniversity.info