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Trademarks and Copyrights
So you've put a lot of work into your business: you've got a name, you've made some marketing materials, even written some information for your customers. If you don't want your competitors to take what you've done and exploit it, though, you should take some steps to protect yourself. What's in a Name? Your name is one of the most important assets your business has — it's how your customers identify you. Your company name is the first step in trusting you and recommending you to others. But what can you do if you're afraid someone else might start using your name, or simply start another company with a similar enough name to confuse people? The answer is to register a trademark. A trademark is a word or logo that distinguishes one thing from another, and you have the right to register any names or logos your business uses, in order to stop other people from using them. 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', they would have grounds to sue me. Making Your Mark You can trademark both your business' name as well as the names of any products you sell. The only condition is that they can't be too similar to names someone has already trademarked, and you can't usually trademark commonly used words. It costs a few hundred dollars to register a trademark through the patent office. Keep in mind that it can be a waste of money to trademark too many words, so you should only do so if you think one of your names could be threatened by competitors. Once you get your trademark, it's yours — you can do whatever you want with it, including giving others permission to use it or selling if you so choose. Remember, though, your trademark usually only applies in the country where you registered it — you probably won't be protected from competition where foreign businesses are using your trademark. Also, your right to use the trademark will only last for a set number of years (usually a decade from the date of registration). After this time, you'll have to pay to renew it. Don't Copy Me Copyrights are similar to trademarks in terms of the kind of protection they offer, but different in the way they work. In almost all countries, ownership of copyright is automatic and costs nothing. The moment you write (or draw, or record) something, you own the copyright on it, and can take action against anyone who makes a copy of it without your permission. It's possible to own the copyright on almost anything that exists but isn't physical: music, graphics, writing, computer programs, and so on. It doesn't, however, cover physical items (that's patents), nor does it cover names (that's trademarks). A copyright lasts longer than a trademark, usually until you die, and then a set number of years afterwards, depending on your country and what was copyrighted. After the end of this time span, the work becomes 'public domain', free for anyone to use. Of course, copyright is a right, not something that you absolutely must go along with. If you want to give people permission to freely use and redistribute something you've made, then you have the legal right to do this as well. You can even give up your copyright on a piece of work, simply by writing on it that you no longer want to own the copyright. Since you're in business, though, chances are you'll want more protection for your materials, not less. Look into registering your copyright at the patent office, as doing this will give you an even stronger case if you ever need to use it.
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