Some small business entrepreneurs are deterred from trademarking because they think the process is overly complex. It can also offer you some protection if those copycats do something reputation-damaging. It will stop competitors from poaching your customers by imitating your brand. Trademarking is an important step for protecting your brand identity. This serves two purposes: 1) A unique logo or symbol affords instant brand recognition and 2) a unique logo or symbol will afford your business greater intellectual property protection because it will be so distinctive, and therefore harder to copy. Trademark assessment is a case-by-case basis, so if you have a question about whether part of your brand identity is trademark-worthy, a small business intellectual property attorney can answer your questions.Įxperts recommend making your logo and other business branding as unique as possible. But you can also trademark words, symbols, packaging, and even sounds. But protecting your hard work and your brand identity is just as important for small businesses as it is for huge corporations.īrand logos are the most obvious and most commonly trademarked items for small businesses. Some small business owners assume that trademarking is just for global brands. That’s how movie soundtracks can include popular music, for example. In general, you also have the right to grant licenses for the use of your intellectual property. In general, a copyright lasts for the lifetime of the creator, plus 70 years. Registered copyrighted material is managed by the Library of Congress. The owner of the copyrighted material holds the exclusive legal right to distribute the creative work, perform the work, or disseminate the work in the public domain. While trademarks last for ten years, patents are granted for terms of twenty years and can’t be renewed.Ĭopyright protection applies to art, books, music, movies, and other creative works. You may also be able to patent meaningful improvements on existing technology or processes. Patents are granted to new products, technical solutions, and scientific processes. Patents are intended to protect inventors and their innovations. How Do Trademarks Differ from Patents and Copyrights? Your trademark will last for 10 years, after which you’ll need to renew it. Both the distinctive orange color and the familiar Apple logo create immediate brand and product recognition for consumers. Think of the bite-marked fruit associated with Apple computers that specific symbol is trademarked. Think of the red-orange Reese’s peanut butter cup packaging – that specific orange color is trademarked. ![]() Trademark protection may apply to business names, symbols, logos, sounds, and even colors that are emblematic of one specific brand. Here, we’ll focus on trademarks for your small business.Ī trademark protects the specific, unique name, logo, and symbols pertaining to your products or business brand. All of them are designed to make sure that other people can’t take advantage of your ideas or work. ![]() Patents apply to inventions and innovations, while copyrights apply to creative works. In general, trademarks apply to logos, symbols, and branding. ![]() The US recognizes three official ways to protect intellectual property rights: 1) trademarks 2) patents and 3) copyrights. Intellectual property protection can be a vague and complex area of law and business. Trademarks fall under the broad umbrella of “intellectual property,” along with copyrights and patents. Do you need to consider trademarking? What can you trademark? How do you get started?īasics of Intellectual Property and Small Business Certainly you’ve heard the term “trademark.” However, you may not be clear how trademarking could benefit your own small business.
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