Protect Your Intellectual Property

As seen in the SCORE column in the Record Eagle newspaper - Author: Sandra J. Franklin

What do abbreviations such as TM, SM, PAT PEND, ©, ® actually mean?  These symbols represent trademarks, patents, and copyrights that provide certain legal rights and protections to their owner. They help safeguard a company’s names, products, services, and designs. As an entrepreneur, you should determine if you need to pursue any of these options to ensure you properly protect what is referred to as the intellectual property of your small business.

Trademarks are not the same as patents and copyrights, even though the differences are not widely understood. While there are similarities, they serve different purposes.  According to the U.S. Patent and Trademark Office (USPTO), a trademark is a word, name, symbol or device used in business to indicate a source of the goods, i.e. your business, and to distinguish those goods from those sold by another business. A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product.

A patent for an invention grants a specific legal property right to the inventor -“the right to exclude others from making, using, offering for sale, or selling” the same invention.  A copyright is harder to define. It is mainly a protection for authors of original works, including literary, dramatic, musical, artistic, and other intellectual works, both published and unpublished.  

If you’ve invested a significant amount of time, energy, or money in creating a unique product, service, design, brand, or other original content, it is generally prudent to take steps to protect that investment.  It’s important to recognize that just because you have a domain name registration (for a website), that does not mean you have a trademark for that name or that it is free and clear to use in all commercial applications.

The internet has transformed the trademark application process by making it easily accessible to anyone willing to spend the time to learn about what is required.   While no special legal expertise is required to apply, it can be a bit complex for those unfamiliar with the application process and there are also potential pitfalls that are important to avoid.  Oversights or errors in the application can potentially sabotage your trademark filing or result in a trademark that may not stand up to legal challenges later on.

For example, the application requires that you identify goods or services under specific categories.  If you misinterpret these categories and thus file either too broadly or too narrowly, your trademark may be adversely impacted and face problems in the future.  A qualified trademark attorney can help you avoid such problems.

The U.S. Patent and Trademark Office’s Web site at www.uspto.gov provides a wealth of information and resources about protecting your small business’ intellectual property. You’ll find basic information about trademarks, patents, and copyrights.  In addition, search functions for existing marks and online forms are available on the site as well as “How To” guides.

To learn more about protecting your intellectual property or for other small business guidance, contact the Traverse City chapter of SCORE at 231-947-5075 or toll-free at 888-796-4913, or visit online at www.upnorthscore.org  to schedule an appointment.  SCORE is a resource partner of the Small Business Administration and the premier non-profit association that provides free and confidential small business counseling and low-cost workshops to entrepreneurs.  Staffed by local volunteer business owners and professionals, the SCORE office is located at the Traverse City Area Chamber of Commerce at 202 East Grandview Parkway in Traverse City.   Follow SCORE Traverse City on Facebook

Sandy Franklin, Esq., is a volunteer SCORE mentor and attorney with a local law practice that focuses on intellectual property and business law.