Expert: Shannon Moore - 9/22/2008

Question
Shannon,

I have a unique fitness program and I would like to protect the name, but also the specific programming that we offer as I feel it falls under the "creative" portion of a copyright.  I am inclined to think that I may need a trademark and copyright for this...is that necessary?  Would it be common to have both?  Do they overlap in any way?

Answer
Dear Matt,

You're correct in that there are two issues at play here. I'll offer details for both and that should get you headed in the right direction.

Copyrights:

For things like DVDs, books, etc., a copyright is most appropriate. You can file for copyrights here: http://www.copyright.gov/register/

Trademarks:

Trademarks can be names of products or services, logos, slogans, packaging and even sounds and smells. In essence, a trademark can be almost anything that is used to identify a particular product or service. Registering a trademark grants the owner exclusive rights to the mark within the specified industry.

Of course, it's necessary to research the mark comprehensively prior to filing to ensure that there is no possibility of infringing upon another party.

This entails searching the pending & registered Federal and State trademark files as well as the US National Common-Law files. Then, if clear, you can decide if you would like to file for a Federal or a State trademark.

To register a trademark, that's done either through your Secretary of State for a State trademark or the US Patent & Trademark Office for a Federal trademark.

If you are only conducting business in one state, then a State trademark is most appropriate. If you conduct (OR are planning to conduct) business in at least 2 states OR between the US & any other country, you can file for a Federal trademark.

Hope that helps! I wish you much success & happiness in all your ventures!

Warmest regards,
Shannon Moore
http://www.tmexpress.com