Legal Question in Business Law in California

Re: Copyright or Trademark?

You need a trademark (if you are selling goods, or a service mark if the phrase pertains to services -- see my intellectual property web pages at http://incorporatecalifornia.com/inprop.html for more info). Because you are using a website, it would appear your business is at least national, and therefore a federal registration would be the way to go. The process takes about a year to complete; however, generally spearking, the sooner you file the application for registration, the better. The government filing fee starts at $335. My flat legal service fee currently starts at $549 (subject to change without notice) -- see my website at www.incorporatecalifornia.com for more info. or to contact me to start the process. Thank you.

Re: Copyright or Trademark?

What you want is a trademark. A U.S. trademark costs about $335 (basic application) and although the elapsed time from filing to final approval can be 10-12 months, if you file today, anone else's filing will be LATER than yours, so in a very real sense you obtain some protection just by filing. Further, while you may want to hire an attorney, you can file on-line, using a credit card for payment of the fee, at www.uspto.gov.

The Web site is not well designed and some of the answers you need to fill in on the application are not intuitive, so if you try doing it yourself be sure to read ALL the instructions very carefully.

Make a record of your application number and re-visit the site every few months to keep tabs on the "progress" of your application. Things have a habit of falling into the cracks at USPTO and you need to monitor the situation post-application.

Re: Copyright or Trademark?

Because the words are used to identify something you're selling, they're a trademark (for goods) or a service mark (for services). There are two ways to register a mark: (1) with the U.S. Patent & Trademark Office. This takes about a year, if everything goes smoothly. The big advantage is it gives the right to use the powerful � notice, claiming an absolute right over others throughout the United States. (2) with the California Secretary of State. This takes a much shorter period (about 3-5 weeks) but the protection is usually defined by the courts as your immediate geographic trading area.