Succeed As Your Own Boss

ENDING SMALL BUSINESS FAILURE

  • Home
  • About
  • Book Melinda
  • Consulting
  • SBL Store
    • Books/Workbooks
    • LifePlanningJournal
    • 30 Day Fast Start Program
    • Become Your Own Boss Course
    • Become Your Own Boss Bundle
    • Fix Your Business Masterclass
    • Write A Business Plan Course
    • One-on-One VIP Coaching
  • Subscribe to Podcast
  • #Smallbizchat
    • Be a #SmallBizChat Guest
  • Blog
    • Write For Us
  • Contact
You are here: Home / Branding & Marketing / How to Protect the Intellectual Property in Your Small Business

How to Protect the Intellectual Property in Your Small Business

June 27, 2019 By Melinda Emerson Leave a Comment

Feel free to share...Share on Facebook
Facebook
Tweet about this on Twitter
Twitter
Share on LinkedIn
Linkedin
Pin on Pinterest
Pinterest
Share on Reddit
Reddit
Email this to someone
email
Print this page
Print

Andrea Evans - intellectual property and trademarkEvery week as SmallBizLady, I conduct interviews with experts on my Twitter talk show #SmallBizChat. The show takes place every Wednesday on Twitter from 8-9pm ET.  This is excerpted from my recent interview about intellectual property and trademark with Andrea Evans @evansiplaw. Andrea is the owner of the IP law firm, The Law Firm of Andrea Hence Evans, LLC. She is a graduate of George Washington Law School, Spelman College, and Georgia Tech. For more information: www.evansiplaw.com/book

SmallBizLady: What is intellectual property (IP)?

Andrea Evans: Intellectual property is divided into three types – patents, trademarks, and copyrights. Patents protect inventions. Trademarks protect brands. And copyrights protect written works.

SmallBizLady: What types of things can be trademarked?

Andrea Evans: A trademark is a word, phrase, symbol, or design, or a combination of words, phrases, symbols, or designs, that identifies and distinguishes the source of the goods of one party from those of others. Names, words, images, sounds, objects, scents, and colors that are used to identify and distinguish goods and services and that are used as a source identifier can be protected by federal trademarks.

SmallBizLady: What is the benefit of registering your trademark federally with the USPTO?

Andrea Evans: The key benefit of federal registration is the legal presumption of ownership of the mark and the exclusive right to use the mark for the goods and services identified on the federal registration.

SmallBizLady: How do you determine the cost of your trademark application?

Andrea Evans: The USPTO has 45 classes. Each class has a fee starting at $225/class.  Expect to pay attorneys fees plus the USPTO fees.

SmallBizLady: What makes a trademark weak or strong?

Andrea Evans: Brands are on a spectrum ranging from weak to strong. Weak terms are generic, and generic terms can never be trademarked! Consider creating a word or using a term that is arbitrary, similar to Apple for computers.

SmallBizLady: What’s a common myth about trademarks?

Andrea Evans: A common myth is that owning a domain name means that you own the trademark and vice versa. The truth is that owning a domain name does not necessarily mean that you own the trademark or vice versa. If the domain name functions as a source identifier, it can be registered similar to match.com.

SmallBizLady: Is a trademark search necessary?

Andrea Evans: Although it is not required, it is recommended to search your trademark before filing a trademark application.  Searches can be conducted at www.uspto.gov but consult with an attorney for a professional search.

SmallBizLady: What is the difference between TM and symbol ®?

Andrea Evans: The ® symbol may be used once the trademark registers at the USPTO.  The TM symbol can be used prior to registration.

SmallBizLady: How long does it take to register a trademark at the USPTO?  

Andrea Evans: It can take at least 2-3 months for the trademark application to be assigned to a Trademark Examining Attorney at the USPTO.  Once examined, the mark is published for a month, and if it is not challenged, it registers. The entire process can take up to one year.

SmallBizLady: Is it required to work with an attorney to file a trademark application?

Andrea Evans: Although it is not required, it is recommended that you work with a qualified trademark attorney.  Remember, the application is a legal document, and you want to ensure that you have been counseled and understand all options.

SmallBizLady: Do international trademarks exist?

Andrea Evans: There is no such thing as an “international” trademark, but trademarks can be registered in other countries. Each country has its own laws, and it’s recommended to consult with foreign counsel, as needed.

SmallBizLady: Do trademark registrations expire?

Andrea Evans: Yes. However, if renewal documents are filed timely and you continuously use the mark, the trademark will be maintained.  Coca-Cola has owned their registration since the 1800s!

If you found this interview helpful, join us on Wednesdays 8-9 pm ET; follow @SmallBizChat on Twitter.

Here’s how to participate in #SmallBizChat: http://bit.ly/1hZeIlz

For more tips on how to start or grow your small business, subscribe to Melinda Emerson’s blog http://www.succeedasyourownboss.com.

Feel free to share...Share on Facebook
Facebook
Tweet about this on Twitter
Twitter
Share on LinkedIn
Linkedin
Pin on Pinterest
Pinterest
Share on Reddit
Reddit
Email this to someone
email
Print this page
Print

Filed Under: Branding & Marketing, SmallBizChat, Your Small Business Tagged With: How to Protect the Intellectual Property, intellectual property, Intellectual Property in Your Small Business, ip, trademark

Fix Your Business Now!

Order SmallBizLady's new book Fix Your Business, 90-Day plan to Get Back Your Life and Reduce Chaos in Your Business. It includes the 12 Ps of Running a Successful Business and readers will finish the book with a new strategic plan to take their business to the next level.

About Melinda Emerson

Melinda F. Emerson, known to many as SmallBizLady is one of America's leading small business experts. As a seasoned entrepreneur, professional speaker, and small business coach, she develops audio, video and written content to fulfill her mission to end small business failure. As CEO of Quintessence Multimedia, Melinda educates entrepreneurs and Fortune 500 companies on subjects including small business start-up, business development and social media marketing. Forbes Magazine named her #1 woman for entrepreneurs to follow on Twitter. She hosts #SmallBizChat Wednesdays on Twitter 8-9pm ET for emerging entrepreneurs. She also publishes a resource blog http://www.succeedasyourownboss.com Melinda is also bestseller author of Become Your Own Boss in 12 months; A Month-by-Month Guide to a Business That Works. Her latest ebook, How To Become a Social Media Ninja; 101 Ways to Dominate Your Competition Online was released in 2012.

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Let’s Connect

  • Facebook
  • Instagram
  • LinkedIn
  • RSS
  • Twitter
  • YouTube

Let me send my best blog posts to your inbox each week.

Click Here to Sign Up!

Get 2 FREE Chapters of SmallBizLady’s Book,
"Become Your Own Boss"!

Become Your Own Boss Download Two FREE Chapters

Most Popular Posts

>Seven Ways to be More Profitable in Your Small Business
> 7 Ways to Attract Customers to Your Small Business
> 6 Tips for Managing Small Business Finances
> How to Run a Successful Multilevel Marketing Business
> 10 Ways to Grow Your Small Business With Instagram
> How to Sell on Facebook
> How to Get Over the Fear of Starting a New Business

Featured Videos

“12 Principles of Highly Profitable Businesses with Melinda Emerson” from Sonia Dumas
October 2020

#SmallBizChat LIVE from NYC
May 2017

MSNBC Interview
Top Tip: Never Let a Customer Down

National Speakers Association
Winter Conference 2016

Tune in to Exhale, Wednesdays at 9 pm EST, only on ASPiRE. Join the conversation at #EXHALETV

Fox Business
Five Steps to Becoming a ‘Social Media Ninja

MSNBC
The importance of job mentoring for women

#SmallBizChat Live
National Small Business Week: Q&A

Good Day Philadelphia
Expert Shares Tips on How to Become Your Own Boss

Google
Best Practice for Social Media

Testimonials

Become Your Own Boss is a must read if you’re thinking of launching a business of your own.
Jean Chatzky, Bestselling Author of Money 911 and Financial Editor of NBC’s Today Show
Great step-by-step advice for anyone looking to start their own business.
Andrew C. Taylor, Chairman, Enterprise Rent-A-Car
Melinda Emerson has written a remarkable book. It is essential reading for anyone seeking to make the transition from working girl to successfully working it, as an entrepreneur.
Cynthia McClain-Hill, Past President, National Association of Women Business Owners
The perfect companion for those planning to go out on their own. Melinda delivers firsthand practical advice on how to be the successful entrepreneur. Read it if you want to get it right the first time.
Kenneth L. Shropshire, Professor at the Wharton School of Business, University of Pennsylvania
If you are looking for a versatile speaker who can talk about how to grow small businesses or get started with social media, look no further.
Heather Van Sickle Executive Director, National Association for Community College Entrepreneurship (NACCE)
Her wit and depth of subject knowledge were entertaining and empowering. Melinda is definitely on our short list of seasoned entrepreneurs and business leaders we look to invite back in the near future.
Tennille M. Robinson Senior content & Event producer for Inc. magazine
Melinda Emerson, “SmallBizLady,” is an engaging and witty speaker and a great addition to any conference. Her terrific presentation and compelling delivery give people the information they need and want to become their own bosses and grow success… Read more
Laurie Dalton White Conference Director, Pennsylvania Conference for Women
Melinda Emerson has been a fantastic small business and social media resource for the Pitney Bowes team. Not only is she personable and easy to work with, but she also has an innate understanding of the small business audience. My marketing programs … Read more
Justin Amendola, Former VP, Global SMB Digital Strategy, Pitney Bowes

SmallBizChat

  • Twitter

Latest #SmallBizChat

10 Bible Verses Small Business Owners Needs to Know for 2021 Open Graph

10 Bible Verses Small Business Owners Needs to Know for 2021

My theme for this year is, “It’s a New Year, Time to Renew Your Faith.” Last year, and so far this year, life has thrown us all some curveballs and some direct hits. Loved ones lost, businesses destroyed, finances stressed; it’s been a really tough time for some.  As if entrepreneurship isn’t lonely enough, then […]

Recent Comments

  • Bada Business ibc on 5 Tips for Getting More Online Reviews for Your Small Business
  • Justin Marble on TikTok vs. Snapchat: Which One Is Better for Marketing? [Infographic]
  • sathya on 15 Mistakes Not To Make In Your Digital Marketing Approach
  • Agency Platform Ebrandz on TikTok vs. Snapchat: Which One Is Better for Marketing? [Infographic]
  • Sejal on 15 Mistakes Not To Make In Your Digital Marketing Approach

#SmallBizChat

  • SmallBizChat Archive
  • @SmallBizLady

Business Advice

  • How to Start

SmallBizLady Store

  • Products
  • Free Chapter

Get In Touch

  • Write For Us
  • FAQ
  • Be a #SmallBizChat Guest
  • Contact Us
Copyright © 2019
Quintessence Group
PO Box 280
Drexel Hill, PA 19026
(610) 352-0680
Privacy Policy · Refund Policy

Copyright © 2021 · News Pro Theme on Genesis Framework · WordPress · Log in