NFIB

Protecting Your Business With Trademarks and Copyrights
06/ 11/ 2003

by Vicki Gerson

If you have a unique product or service that is the first in the marketplace, you may want to consider protecting it with a trademark or a copyright.

Trademarks are used by a business to identify its products and distinguish them from other products manufactured or sold by other companies. Companies can use trademark protection to prevent competitors from marketing a similar product with a similar name, for instance.

Federal trademark registration gives your company protection across the United States. Federal trademarks are not international. Therefore, a company in France or Japan could like your trademark and use it. If you have a business not involved in interstate commerce, you might consider acquiring state trademark registration.

If you are considering registering a trademark, you may want to hire a lawyer to search to see if someone already has claim to the trademark. The lawyer will work with you to get your trademark registered with the U.S. Patent & Trademark Office. For more information, visit www.uspto.gov.

Copyrights are used to protect the work of writers, illustrators, artists, designers and composers. The work may be in a print or electronic medium: videotape, CD, film, art, photographs, slides, illustrations, etc. In addition, actual games, puzzles, sculptures, models, jewelry and architectural designs may be copyrighted. The work may either be published or unpublished.

A copyright gives the owner of the copyright exclusive rights to print, copy and sell the work, as well as the right to make photocopies or scan it into a computer. Simply writing an article or drawing a picture creates the copyright in your name, but copyright law is also very complicated and you may want professional advice to help you with contracts and agreements concerning copyright.

For more information about copyright law, visit http://lcweb.loc.gov/copyright

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