Forums: Discussions for entrepreneurs and small business.

it sounds like there may be serveral other parties by the time the matter is settled!

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James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com

Where does the line get drawn between what`s a product or service and what`s not?  For instance, I have a blog and although I don`t currently sell anything, or even have any ad revenue (yet), I hope the information will be a valuable service now and in the future to the readers.  Can I trademark the name?

Thanks!

Josh Nankivel
http://www.PMStudent.com


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ThePMStudent.blogspot.com

I don`t know if having a blog up actually constitutes sufficient use for registration.  I would need to research that if it ever actually came up for a client.  One could always consider intent-to-use. 

 

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James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com

I have some confusion about patents, trademarks and copywrites. Regarding products, ideas, names of businesses or products ... which is which? If  you had a business and you wanted to sell franchises, what would you have to do?  Once a business gets started, is there a way to protect your idea so that you could prevent others from "stealing" it? Thanks!

sallygray,

Check out StartupNation`s 10 Steps to open for business here.  Step 5 goes into the content you are inquiring about, there`s a lot of good information there.

I`ve listened to Rich and Jeff enough to know what they would probably tell you about the franchise idea.  First, you have to establish one successful location and have the model perfected, and it needs to be the type of business that can scale in a way that lends itself to multiple locations.  I don`t know what type of business you are thinking about, but if it`s anything with retail or restaurants, more than likely, there`s nothing you can patent.  Instead, you can trademark your brand and you need to build the value of that brand.  In those industries someone can usually move in next door and try to replicate what you`re doing. If you`ve already got strong brand awareness and a company that`s valuable in the marketplace, it`s a huge advantage against competition.

Cheers!

Josh Nankivel
http://www.PMStudent.com



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ThePMStudent.blogspot.com

Planning is key in these areas.  The best single bit of advice I can offer is to build a relationship with an attorney that works in intellectual property and franchise law.  The proverb about an ounce of prevention being worth more than a pound of cure is very applicable.

Ideas, in and of themselves, are worthless.  Ideas take on value when the client takes affirmative steps to protect and use them.

-------------------------

James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com