Cinnamon Bay,
St. John. Photo by
Melissa Dagodag
c. 2006

• A trademark is a symbol or word (including logos, slogans, designs, and even sounds and smells) used in connection with the sale of goods. For example: Nike or McDonald's. 
• A service mark is used specifically in connection with services. 
• Both trademarks and service marks identify the source or origin of the goods or services.

What is trademark infringement?

• Trademark infringement occurs when the use of a trademark by one party creates a likelihood of confusion with the use of a trademark by another party with prior rights. 
• Likelihood of confusion is the basic legal standard for infringement.

Why register a trademark?

• Strengthens your exclusive right to use your brand name
• Enables you to take action against infringers of your brand
• Increases the value of your business for future sale or merger

COPYRIGHTS


What is a Copyright?

• A copyright is a form of intellectual property, such as a literary or photographic work, that gives the author exclusive rights to do certain things with that work.
• These rights include the ability to reproduce, distribute, perform, and display the original work as well as prepare derivative works based on that original work.
• These rights are given for a certain time after which the work enters the "public domain.” Once a work is in the public domain, it can be used by anyone without payment.

What is Copyright Infringement?

• Copying, publicly performing, distributing, displaying or creating a derivative of a copyrighted work without consent.

Why Register a Copyright?

• Generally protects your exclusive right to sell your creation
• Increases the effectiveness of cease and desist letters that say, "Stop or else!"
• May increase monetary awards from lawsuits

DIFFERENCE BETWEEN TRADEMARKS AND COPYRIGHTS

Copyrights and trademarks: two different types of intellectual property.

• Registration of a copyright with the U.S. Copyright Office protects original works of authorship that are in a “tangible medium” – something you can touch or buy. For example, a recording of a song, an oil painting on canvas, or a novel. Copyright protection can be given to many kinds of works, including literary, dramatic, musical, artistic works, and more. Subject to some limited "fair use" exceptions, the owner of a copyright generally has the exclusive right to reproduce, distribute, perform, display, or license a work and derivatives of the work.
• Registration of a trademark with the U.S. Patent and Trademark Office protects things like brand names, designs, or logos that distinguish the goods of one seller or manufacturer from the goods of another seller or manufacturer. A trademark generally allows its owner to exclude others from using a confusingly similar trademark. Having a registered trademark may also decrease the likelihood that another party will file a trademark infringement law suit against you.

BUSINESS LAW

Why Form a Corporation or Limited Liability Company?

• Provides some protection for your personal assets
• May provide tax advantages

Why Hire a Lawyer to Prepare a Written Contract?

• Even good people disagree about the overall meaning and details of spoken agreements.
• Having an attorney create a clear, written contract gives you a binding legal document to minimize misunderstandings and provide guidance should differences arise.

How to File Corporate Minutes on your own for no fee (October 2009 Legal Tip):

Have you received official looking notices in the mail telling you that you must pay to file your corporate minutes using a specific form? This is usually a scam designed to frighten you and take your money (unless this comes from your CPA or attorney). Corporate minutes don't need to be filed with a govenment agency. They need to be kept in a file with your other corporate records at your principal place of business.

To file your corporate minutes on your own, you need a Notice Form or Waiver of Notice Form, a Minutes Form and a folder or a 3-ring binder.

The Notice Form is a letter that you send to all of the members of your Board of Directors to let them know the details of your next corporate meeting. Generally, instead of the Notice Form, you can use a Waiver of Notice Form that allows each of your Board of Directors to waive notice of the meeting (and these can be signed the same day of the meeting). Both forms must include the date, time, place and purpose of the meeting. Consult your Bylaws to determine which forms are appropriate for your company.

Once you have sent the Notice Form or received signed Waiver of Notice Forms from each Director, then you need to use your Minutes Form.

A Minutes Form is a document that records the date, time and place of the corporate meeting, who attended the meeting and what was decided. Once you create this form with blanks for the parts mentioned above, you can use it again and again. Generally speaking, you should record major decisions that affect your company’s future, financially or otherwise, such as deciding to hire or fire an employee or to lease commercial space.

After the Minutes have been recorded (written down on your form), you should apply your corporate seal to the bottom of the form. A corporate seal is essentially an embosser that states the corporation’s name and date of incorporation and is used to verify that the form came from an authorized Director at your corporation. You can order this seal through your attorney or other incorporator.

Finally, put these Notice Forms or Waiver of Notice Forms and Minutes Forms into a manila folder or into a 3-ring binder for safekeeping. In addition to providing you with helpful records of your corporate meetings, you may need this paperwork if you are ever audited or sued. And remember, the forms do not need to be sent to the state or recorded by some disreputable company trying to get you to pay them for what you can easily do for free on your own.

HELPFUL LINKS

• United States Patent & Trademark Office (USPTO)
  The USPTO is the federal agency that handles the processing and issuing of trademarks and patents. The USPTO's comprehensive website offers an array of information. For non-attorneys, the most helpful section may be "Basic Facts About Trademarks".
  
  
• California Business Portal
  A great resource to learn more about California corporations and LLC's, including forms and filing fees.
  
  
• Wikipedia
  If you're unsure about the legal terminology you come across, try searching Wikipedia for an easy-to-understand explanation.
  
  
  

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* Information contained on this website is for educational purposes only and should not be construed as legal advice. In order to address your specific legal needs, consult Melissa or another qualified attorney.