Jean L. Serio

Before you run off and have signs made for your new business, hire a package designer for your new product, the first thing to do is check whether the name and/or design you've chosen is Trademarked or Patented.

Trademarks / Servicemarks:

The U.S. Patent and Trademark Office (USPTO) says a trademark is: "A name, symbol, word, device (or combination thereof) used by a business to indicate a source of the goods (which is your business), to distinguish those goods from those sold by other businesses".

1. With a Trademark, you're on record as having the right to use that name, logo, tagline or other unique mark that distinguishes your product. but only for the specific category of product or service you apply for. To "own" the use of all categories, for that specific name, you must state all categories at the time you start the application process. While it's more complex, you can apply for other categories at a later date. It can be confusing, so hiring a Patent and Trademark attorney is important.

2. The Trademark, while legally protected, doesn't stop anyone from producing and selling the same goods under a different service or category, but with a differnt name. For instance, you have a product that cleans bathroom tiles and apply to trademark categories such as cleaning tubs and sinks. If you fail to choose kitchen tiles, someone else can apply for that category trademark.

3. Check the Trademark Directory with the USPTO for more info.

A Servicemark is similar to a Trademark, with the following difference: It identifies and distinguishes the source of a service provider rather than a product. In otherwords, a Servicemark is the name of the company who owns the product.

The U.S. Trademark and Patent Office requires your mark be distinctive, not simply descriptive. For example, words like health food, spa, bicycle are considered descriptive words - not distinctive words which separate your product from another, like Google and Yahoo. Go to the USPTO website to discover whether something is trademarked. www.uspto.gov

Patents:

A patent allows you to prevent others from making, using or selling your legally patented item. There are two types of patents - Utility and Design. According to the USPTO, a Utility Patent covers "any new or useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof". A Design Patent covers: "any new, original and ornamental design for an article of manufacture".

- The patent process is long, complex and expensive. Plus, it can take years to receive your formal patent; or years before it's been turned down. Though it shouldn't stop you, you must be patient.

- Bear in mind, Patents are awarded by country. A Patent awarded an inventor in the U.S. is not protected in any other country awarding patents. So if the infringement takes place outside the U.S., the legal process can be extremely long and expensive, with no guarantee you'll win should you decide to prosecute the offender.

- You are liable and open to a lawsuit if you infringe on someone's patent.

As with Trademarks and Servicemarks, the patenting process can be complex and confusing. And is best handled by an experienced Trademark and Patent attorney.

Copyrights:

A copyright covers any "fixed and tangible" item like article copy, books, software, music, advertising, art, illustrations, computer designs and coding, audio and video tapes, CD's, workbooks, training manuals, websites, and more.

Technically, once you write, or record it, it becomes your copyrighted property. Legally, noone is allowed to rip you off by putting their name on it, selling, re-recording it and/or changing it in any way; or to utilize it any other way. Unless expressly allowed by you.

* Regardless of how unique and creative, you cannot copyright facts and ideas. You must have a physical product of some type such as listed above.

* Should you decide to allow someone to 'resell" or the "reprint" rights to your copyrighted product, have a contract spelling out those rights. And leave nothing to chance.

* Always use the copyright symbol on your products, or weite the words "Copyright (and your name).

* Want to use another's copyrighted work? Write them and get their "express permission" to utilize any part of their written copy. On the other hand, if you simply want to use a couple of lines from their copy, those lines must be enclosed in quotation marks, the author's name stated, and the place from which the information was excerpted also stated (the name of the best selling book).

By doing your research and discovering the rules regarding Trademarks, Patents and Copyrights, not only will your protect yourself from lawsuits, but you'll protect your own property.

Jean L. Serio, Copyright 2006. Are you one of the 1.2 million women tired of working the 9-5 grind, sick of worrying about making ends meet? As you know, starting your own business still remains one of the best strategies for providing you financial freedom. Discover how to start a business, today, with your own step-by-step Action Plan. Plus to ensure you receive all the details, FREE, and learn how to harness the power and resources you need to start, first sign up for your Free Newsletter "Start Up a Business Today" and receive your Bonus Report "5 Mistakes Women Make Starting Up A Biz". Go to: www.womensmarketingandbusinessnetwork.com "We help you make it happen!"