A trademark is a name, symbol or emblem which identifies goods as coming from a particular manufacturer or distributor. The owner of a trademark may prohibit others from using her trademark or other trademarks which may be confusingly similar. Trademarks protect the purchaser from being [confused, mistaken or] deceived as to the source of goods which he buys; further, they protect the good will and reputation of the owner of the trademark.

Service marks are similar to trademarks except that they are used to designate the origin of services rather than of products. Rights in a trademark or service mark are obtained by using the marks on goods or in connection with services that are sold. After the goods or services bearing a mark have been shipped or sold in interstate or foreign commerce, application may be made to register the mark in the United States Patent & Trademark Office. After the mark is actually registered, the owner of the mark may place the familiar abbreviated "Reg. U.S. Pat. Off." or a capital R enclosed in a circle near his trademark to indicate that the mark is registered. Since the choice and protection of trademarks involves meeting various legal requirements, an attorney familiar with trademark and service mark law should be consulted before a mark is adopted. Most patent attorneys are qualified practicioners in this field of law.

Further information concerning trademarks is given in a pamphlet entitled "General Information Concerning Trademarks", which again may be obtained from the U.S. Patent & Trademark Office, Washington, D.C. 20231.

WHAT IS A COPYRIGHT? A copyright is the right of an artist, author or composer to exclude others from reproducing certain of his original works, such as literature, music, drama, pictures, sculpture, motion pictures and sound recordings. A copyright on a published work is obtained by merely placing a notice of the copyright on the first and every subsequent copy of the work. Unpublished works need not have a notice thereon. The work should then be registered with the United States Library of Congress by making an application for registration to the Register of Copyrights.

The application may need to be accompanied by a specified number of copies of the work together with a small fee. Most patent attorneys are familiar with the forms and procedures required for placing a copyright notice on a work and for registering a copyright.

Further information concerning copyrights may be obtained upon request from the Register of Copyrights, Library of Congress, Washington, D. C. 20540.

DISCLAIMER:

Please Note: Women About Biz does not provide legal advice.  The above information is provided by Women About Biz as general information.  You should consult your attorney if you have questions concerning any specific situation. If you do not have an attorney, may we suggest that you contact your local bar association's referral service.