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by Robert A. Adelson,
Esq., © 2002
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Are you
- a consultant going into business for yourself?
- a business owner or Inventor with products in development?
Trademarks - Key Commercial Asset
Trademarks can be an important
asset for your business, service or product.
For example, say Jo
Jones repairs APPLEâ computers. If Jo calls his/her business MacBetter
Inc., instead of Jo Jones Inc., it tells about the business without Jo ever
meeting a customer - saving advertising, ease to find, and remember.
Suggestiveness of trademarks and good will are valuable to consulting and
service businesses as well as products.
"ITU" - Preempt your
Trademark
It's wise to first search and verify trademark availability
- nonuse by competitors. If used, holders can sue for trademark infringement
and bar your use - even after you invested much time and money in promotion and
event prevent using your own registered domain name.
If your name is
available, consider filing an Intent To Use registration. ITUs can be done
years before you market and reserve exclusive rights through the entire US.
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Federal Filing - Benefits; Pitfalls
Where you plan to
spend much time and money to promote your product, business or service, website
and domain name, consider filing for Federal registration of your service mark
or trademark. This includes any catchy logo or slogan used.
You must
show use in interstate commerce - filing specimens of use in two or more
states. Yet, Federal registration can make the trademark yours exclusively in
the classes of goods and services identified - for the entire USA.
Federal trademark registration isn't cheap. Filing costs: $325 per class /mark.
Attorney fees can be over $1,000. Registration is not quick or automatic. The
Patent /Trademark Office bars registrations for "generic" or "descriptive"
marks, likelihood of confusion, and various "informalities". Filings are
required even after registration. Yet, patience in "prosecuting" a mark is
vindicated by value added to your business as a whole.
Domains,
Copyrights and Other Protections
Besides protecting your trademark,
plan to register your domain name, and consider other intellectual property
protections, including -
- Copyrights - to protect your printed materials vs. copying and use by
competitors
- Trade Secrets - to keep confidential proprietary
information you use in business
- Patents - to disclose inventions to PTO in exchange
for 20-year monopoly on use
These offer varying protections, at varying costs. Each needs to be
carefully considered on an individual basis. |
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Robert A. Adelson, author of this article,
has been an attorney since 1977. He is a partner in the 12-attorney firm,
Zimble & Brettler
LLP, 21 Custom House Street, Boston, MA 02110, 617-723-2222,
[email protected].
Mr.
Adelson's clients are early stage technology-based companies, consultants, and
technical and senior executives. His law work includes business formation,
commercial and strategic contracts, technology licensing, trademarks and
intellectual property protection, partnerships and joint ventures, mergers and
acquisitions. Mr. Adelson is a graduate of Boston University, B.A., summa
cum laude and member of Phi Beta Kappa and Phi Alpha Theta.
He received law degrees from Northwestern University in Chicago, J.D. where he
was a member of Law Review, and New York University, LL.M. in Taxation.
Mr. Adelson is a frequent lecturer for entrepreneur and professional groups,
and has written numerous published articles, including articles in Boston
Business Journal, Genetic Engineering News and The Culpepper Letter
(serving the software industry). |
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All material copyright ©2001 by the author and may not be
used for reproduction without permission of the author. |
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