Intellectual Property 10

How much does it cost to file a lawsuit to force someone to stop using my trademark as a domain name?

Filing the lawsuit is only a small part of the total cost, and that alone can cost you $2,000 to $5,000. To actually bring a suit to court can easily cost $25,000 or more.

Does a U.S. trademark give me any protection in foreign countries?

No. But recently the U.S. joined an international trademark treaty called the Madrid Protocol. An application filed under this treaty can provide certain rights in member countries. But attorney Gerry Elman says that the Madrid Protocol doesn’t provide “one size fits all” protection.

How long does trademark protection last?

Trademark protection can last indefinitely; however, to retain trademark registration, you will have to file an affidavit of continued use between the fifth and sixth year of use saying you are still using the trademark. Additionally, at the end of the tenth year and every 10 years thereafter you have to renew your registration.

Does it cost anything for the affidavit or the renewals?

Yes. There is a $100 government fee when you file the affidavit of continued use, $200 for the affidavit of incontestability, and a $400 fee each time you renew the registration.

It sounds like a lot of work and money. Should I bother?

That is a decision only you can make, and it should be based on your budget and your future plans. If you plan to stay a small local business, it probably isn't necessary to go to the time and expense of registering your name as a trademark. If you expect to grow and sell in wider geographic areas, it may be very worthwhile to apply for trademark registration.

PATENTS



What kinds of things can be patented?

Patents are granted in these broad categories:

• products, machines, processes, or compositions of matter
  
• major variations of existing products, processes, or compositions of matter
  
• new varieties of plants
  
• new, original designs for manufactured items (design patent)
  
  
  What makes an invention qualify for a patent?
  
  To qualify for a patent, an invention has to meet these qualifications:
  
  
• It must be new, which means it can't be patented or described in a printed publication in any country, and it must not have been used publicly or placed on sale in the United States,
  
• It must be useful.
  
• It cannot be something obvious to someone having ordinary skill in the relevant technology.
  
  
  How does the Patent Office interpret the terms "obvious" and "ordinary"? How can I tell if my invention is obvious?
  
  That's one of the sticky parts of patenting inventions. Explains intellectual property attorney Gerry Elman, "If you've got more than ordinary skill, what's possibly 'obvious' to you, may not be obvious to someone with ordinary skill and may be legally patentable. If you've got a good idea, talk with a patent attorney if you think it's a moneymaker."
  
  Is there anything that can't be patented?
  
  Printed material, scientific theories, mathematical formulas and algorithms, useless devices, and obvious changes to existing devices cannot be patented.
  
  How do patents differ from copyrights?
  
  A copyright protects the form of expression of an idea—one specific drawing, one set of words, etc. To get a copyright, your work only has to be original. A patent protects the conceptualization of an idea and has to be not only original but also not obvious. For instance, if Thomas Edison had copyrighted a written description of how to make a light bulb, no one would have been able to reproduce his description without infringing on his copyright. However, people could have used his description to make their own light bulbs. By patenting the light bulb, Edison prevented others from manufacturing and selling the light bulb unless they licensed the rights to do so from him.
  
  What rights does a patent give me?
  
  A patent protects new and original inventions or processes from being copied, produced, or sold in the United States and its territories and possessions. It gives you the right to prevent other companies from making, using, or selling your invention and the right to sue if anyone infringes patent as defined by the claims (in other words, if anyone copies or uses or sells your invention without your permission). A patent makes it possible to get a court order to stop an infringement and to sue for and be awarded money for past infringement.

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