Expert: Shannon Moore - 2/14/2010

Question
Hi,

I have invented a new exercise class. Basically it is a method of exercise which would be an alternative to taking a class in Pilates / Aerobics / Body Balance etc at your local gym.

I wish to protect my ideas and its name.

Do I need to take out a patent, trade mark or Copyright my idea? I have noticed that the series of exercises classes invented by Les Mills are trademarked. Each class name is followed by a TM symbol. It that what I should do for my class?

Please can you advise me which is the correct form of protection for my idea and name and how I should start the process.

Many thanks for your time,

Diana

Answer
Dear Diana,

It is not possible to protect ideas but rather the representation of that idea.

Copyrights can be obtained for things of an artistic nature. This includes, of course, poetry, films, sculptures, music, fiction, etc. But can also include things that may not necessarily seem "artistic" in the general sense of the word. Copyrights can also be obtained for advertising copy, games, software programs and blueprints, to name just a few.

So for any textual works you've created, I'd suggest looking into a copyright.
http://www.copyright.gov/eco/ - How to Register a Work

To protect a business name within your industry, you would apply for a trademark.

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.

It's necessary to have comprehensive research on the mark done prior to filing to ensure that there is no possibility of infringing upon another party.

This entails searches of 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
http://tmexpress.blogspot.com
Twitter @TradeMarkExpres