Writing - Copyrights and Trademarks Protect You

When most people consider writing a book, they don't think about Trademarks. However, I highly recommend that you leverage your writing for multiple purposes, and that's why registering a Trademark for your concept is a good idea. If you use your writing as the basis for workshops and other products, it's in your best interests to protect your concepts with a Trademark.

To paraphrase the definition of a Trademark given at the official web site www.uspto.gov, a Trademark is a symbol, a word, a phrase, or a design, (or any combination), used to identify and distinguish the unique source of goods. Note that a Service Mark has the same definition as a Trademark, except as related to services instead of products.

You are not required to register a Mark. Instead, you can establish your rights to the Mark with a record of legitimate use of it. However, there are several advantages to owning a Mark that is federally registered. The most notable is your premier position if anyone else should attempt to use your Mark after your official registration date.

Regardless of whether you've made an application to the USPTO for a federally registered Mark, you may use the TM and SM symbols any time you claim Mark rights. However, the federal symbol for registration (encircled "R"), may only be used after the USPTO has received your application, processed it, and officially registered your Mark. One more thing to note: the federal registration symbol can only be used in connection with the goods or services that are specifically listed in the federal documents.

Of course, there is a difference among the purposes of Trademarks, copyrights, and patents. Patents protect a inventions. Copyrights protect original literary or artistic work.

Your work is copyright protected under common law when you create it. And by printing the work with the copyright notification included, you have signified your claim to the work. However, to have it officially recorded, you will want to register it with the Copyright Office. Keep in mind that the government does not enforce the copyright. If someone were to infringe, it would be up to you to protect your rights through a civil suit.

Contact the Copyright Office to get the forms. Call 202- 707-3000 and request copyright package 109, or go to the web site, www.loc.gov/copyright and fill out form TX. To register your copyright of a book, take these steps: 1) Print the copyright notice on the copyright page (title page). You may use the word copyright, but "C" in a circle says the same thing and is necessary for international protection. Also, add "All rights reserved." The notice must appear in all copies of the book to protect you. The copyright should be in the name of the owner. 2) Publish the book. 3) Register your claim with the Copyright Office within three months of the book being published.

New copyright duration is for the author's life, plus fifty years. Since your ownership is part of your estate, mention it in your will. Everything is protected by the copyright, (text, graphics, etc.), except titles. Titles can't be copyrighted. However, does the title fit the definition of a Trademark? If so, you can claim it that way. An example: "Chicken Soup for the Soul" is Trademarked because it can't be copyrighted. No one actually would use that title for their own creation, but if it weren't Trademarked, anyone could legally profit from using the phrase to market other products.

Cover all your bases and use the means available to protect your creation. By registering your copyright and your rights in a Mark, the safeguards are prepared if someone tried to use your work as their own.

As a publisher of the "A Guide To Getting It" book series, Marilyn J. Schwader has made a study of topics related to writing. She is contributing author of articles for Acorn Writing News your premier resource on-line for information on writing. Find the archive of articles at: http://www.acornwriting.com/

---

Five Tips to Find More Time for Your Writing Life

When I asked new ezine subscribers, "What is your Number... Read More

Why Researching Is Good, And A Failure To Do So Is Not

What a lack of research could do to you.When creating... Read More

How to Write Funny -- Its All About Timing

My Dad has this old joke that goes, "What's the... Read More

Screenwriting, Screenplays, Screenwriters ? Incremental Productivity

When attempting to understand Creativity and Innovation, it pays to... Read More

Frequently Asked Questions from Writers

1. What Is A Premise?A premise is the point you... Read More

The Value of Adding Images to Technical Documentation

It's cliché, but true-a picture does paint a thousand words.... Read More

Italics Part 1 - Do You Need to Use Italics?

Next time you're tempted to use italics for emphasis... STOP!"Why?"... Read More

Revising Your Manuscript: Fourteen Questions to Ask Yourself

1) Can you summarize the story in about a sentence... Read More

The Spectre Hound

And a dreadful thing from the cliff did spring, and... Read More

Editorial Freelancing: 5 Must-Know Tips to Getting Your Foot in the Door

So, you want to freelance as an editor, writer, copy... Read More

The Iniquitous Slip

All the famous writers I heard of could paper the... Read More

Editing and Polishing - How Much is Enough?

A few days ago, I critiqued a chapter for a... Read More

10 Tips To Help You Pack More Power Into Your Business Writing

1. Before you write anything down define not what you... Read More

Have You Tested Your Plot?

Creative Writing Tips ?Our plotting stage is our testing area.Everything... Read More

How to Write Words Worth a Thousand Pictures

Our Image-Driven SocietyWe live in a new image-driven society. It... Read More

Writing New Ideas

Someone once commented that there were no new ideas to... Read More

Linguaphone Language Learning Solutions

Language Training - A key to Global CommunicationLanguage Training is... Read More

Strategies For Finding Topics To Write About

What possibly could I have to write about? I never... Read More

Writing For the Joy of It

As a child, I loved to write. I can't remember... Read More

Learn to Write Like a Pro

Many writers write for the experience. Others dream of having... Read More

Writing for Local Veterinary Hospitals

Freelance writer STANLEY BURKHARDT has a passion for animals. He... Read More

Nonfiction Idea Generators

The hardest part of nonfiction writing is finding a subject... Read More

Write With Passion: 4 Steps To Emotionally Charge A Nonfiction Article

You have just completed a draft of an article. It... Read More

Pairs/Groups Of Words Often Confused - Part 5 of 6

PASSED, PASTPassed is the past tense of pass. Past means... Read More

Effective Editing: It Spells the Difference!

If you think proofreading equals editing, then you're wrong! Editing... Read More

Rejection ? Have the Right Perspective and Don?t Quit

If you're getting rejections from your submissions, please don't quit... Read More

Writing HI-LO Material (High Interest, Low Ability) for Slow Readers

To write books for readers at an elementary reading level... Read More

5 Effective Web Writing Tips

Writing for the web is very different from writing for... Read More

Through the Eyes of an Artist

As writers, we initially tend to be either more cerebral... Read More

The Writer and the Web

If your dream is to get published, the chance is... Read More

Understanding The First Rule Of Writing ? Before You Start The Great American Book

Chaos and confusion come when established rules and procedures are... Read More

Top Ten Tips (Part 2)

Golden Rules For New Writers - Things you need to... Read More

Multiplying Sales As A Writer

Often, time is an enemy of writers. Sales seem slow... Read More