Expert: Shannon Moore - 8/3/2010

Question
QUESTION: Hi,
I am a high school student who is starting a non profit organization that provides a language service to people outside of the States. I'm not really sure how the copyrights work, but I don't want the name or work of my productions to be taken. Would a copyright solve this problem? Also, since I am marketing to people outside of the states, would an US copyright help if I needed one?

Thanks!

ANSWER: Dear Michelle,

You wouldn't copyright it. 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.

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!

http://www.statelocalgov.net/50states-secretary-state.cfm -- Contacting your Secretary of State, a listing of links for all states
http://www.uspto.gov – United States Patent & Trademark Office
http://www.uspto.gov/main/trademarks.htm -- USPTO's Main Trademark Page

Warmest regards,
Shannon Moore
http://www.tmexpress.com
http://tmexpress.blogspot.com
Twitter @TradeMarkExpres

---------- FOLLOW-UP ----------

QUESTION: Thanks for your help! But I still have a question...
What if I want to protect more than the business name? What about the videos or the ideas? Is that protected with a trademark? And what if the business is non profit?

Answer
Dear Michelle,

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

As far as the videos or really anything of an artistic nature, that'd be a copyright issue. You can file copyrights here: www.copyright.gov

The non-profit aspect wouldn't affect the trademark but there may be things on the non-profit end of the process that you'll want to look into. Here are some resources:

http://www.ncna.org/ -- National Council of Nonprofit Associations
http://www.ncna.org/index.cfm?fuseaction=Page.viewPage&pageId=366 – Directory of State Associations
http://www.nsfre.org/ -- Association of Fundraising Professionals

Research, research, research – this cannot be stressed enough. Read as much as you can about the industry. Here are some book titles that are relevant:

* Starting and Running a Non-Profit Made Easy by Entrepreneur Press, David H. Bangs
* Starting and Running a Nonprofit Organization by Joan M. Hummel
* The Nonprofit Handbook: Everything You Need to Know to Start and Run Your Nonprofit Organization by Gary M. Grobman
* Starting & Building A Nonprofit: A Practical Guide by Peri Pakroo

There are plenty of free informational resources out there. Check out these free articles:

http://www.ezinearticles.com/?Building-Your-Dream---Locating-Resources-for-Nonpr – Building Your Dream – Locating Resources for Nonprofits Online by Madison Lockwood
http://www.ezinearticles.com/?Writing-A-Non-Profit-Business-Plan&id=85021 – Writing a Non-Profit Business Plan by Shaunta Pleasant
http://www.ezinearticles.com/?Non-Profit-Strategic-Planning&id=144311 – Non-Profit Strategic Planning by Jennifer Bailey
http://ezinearticles.com/?Fundraising-Letter-Templates-Harm-Your-Non-Profits-Rep – Fundraising Letter Templates Harm Your Non-Profit's Reputation and Response Rates by Alan Sharpe

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