Copyright or Trademark?
Wednesday, May 12th, 2010 at
2:30 pm
I have a dot com biz I am starting and am wondering what is the differences between intellectual properties. Example: mywebsite.com- should this be copyrighted? Trademarked? Registered TM? what about my web content on all the different pages?
also Liabilities? Any advise aside from contacting my local bar for an attorney or seek professional legal counsel?
Thanks!
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Im not too sure about this. I can only tell you that you can register your site at http://www.cro.ie. Your best bet is to ring a web company and pretend that you would be interested in employing them to develop your site. Ask them all of your questions like – Can they copyright it to you and how would they go about doing that and through who bla bla.
You wouldn’t copyright it. Copyrights can be obtained for things of an artistic nature. This includes, of course, poetry, films, sculptures, music, fiction, etc. But can also include things that may not necessarily seem “artistic” in the general sense of the word. Copyrights can also be obtained for advertising copy, games, software programs and blueprints, to name just a few.
To protect a business name within your industry, you would apply for a trademark.
Trademarks can be names of products or services, logos, slogans, packaging and even sounds and smells. In essence, a trademark can be almost anything that is used to identify a particular product or service. Registering a trademark grants the owner exclusive rights to the mark within the specified industry.
Of course, it’s necessary to research the mark comprehensively prior to filing to ensure that there is no possibility of infringing upon another party.
This entails searching the pending & registered Federal and State trademark files as well as the US National Common-Law files. Then, if clear, you can decide if you would like to file for a Federal or a State trademark.
To register a trademark, that’s done either through your Secretary of State for a State trademark or the US Patent & Trademark Office for a Federal trademark.
If you are only conducting business in one state, then a State trademark is most appropriate. If you conduct (OR are planning to conduct) business in at least 2 states OR between the US & any other country, you can file for a Federal trademark.
Hope that helps! I wish you much success & happiness in all your ventures!
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