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Like any other business, trademarks and copyrights laws are applicable to
your home business too...
Lac of awareness about trademarks and copyrights laws can land your home
business into trouble. Usually, it is an innocent mistake that one commits
starts the whole hell.
There are a few rules that you must keep on trademarks and copyrights with
respect to you home business. Similarly, there are few rights you are eligible
for when running your home business.
Trademarks and Copyrights.
So you've put all this work into your business: you've got a name, you've made
some marketing materials, even written some things for your customers. If you
don't want your competitors to be able to take what you've done and exploit it,
though, you're going to need to take some steps to protect yourself.
What's in a Name?
A lot! A lot of things depend upon the name. Your home business is known by its
name. Your home business products are known by its name.
Your name is one of the most important assets your business has -- it's how your
customers identify you. Knowing your name is the first step to trusting you and
recommending you to others. But what can you do if you're afraid that someone
else might start using your name, or simply start another company with a similar
enough name to confuse people?
In extreme cases, someone can even fake your name and sell spurious product
under your home business name. What do you do in such circumstances?
The answer is that you can register a trademark. A trademark is a word or
logo that distinguishes one thing from another, and you have the right to
register any names or logos your business uses, in order to stop other people
from using them. Coca-Cola, for example, is a trademark of the Coca-Cola Company
-- if I start selling my own drink and calling it -Coca-Cola-, or even something
like -Cocoa-Cooler-, then they have grounds to sue me.
Making Your Mark.
You can trademark both your business' name as well as the names of any products
you sell. The only condition is that they can't be too similar to names that
someone has already trademarked, and you can't usually trademark words that are
in common use.
It costs a few hundred dollars to register a trademark, and you can do it
through the patent office. It can be a waste of money to trademark too many
words, so you should only bother with it if you think one of your names could be
threatened by competitors.
Once you get your trademark, it's yours -- you can do whatever you want with it,
including giving others permission to use it or selling it to them. Remember,
though, that your trademark usually only applies in the country where you
registered it -- you will not usually be protected from competition where
foreign businesses are using your trademark. Also, your right to use the
trademark will only last for a set number of years (usually a decade from the
date of registration). After this time, you will have to pay again to renew it.
Don't Copy Me.
I am sure you have heard of copyright violations and law suites that follows. It
is imperative that you register for copyright if your home business deals with
products like writing, software etc. Similarly, never use someone else's
copyrighted material on your website or home business promotions!
So if you are in a home business that deals with intellectual properties like software, books etc you must immediately take action to register them for copyright. This will protect your business in the long run.
Copyrights are similar to trademarks in terms of the kind of protection they
offer, but different in how they work. In almost all countries, ownership of
copyright is automatic, and costs nothing. The moment you write (or draw, or
record) something, you own the copyright on it, and can take action against
anyone who makes a copy of it without your permission. This article you're
reading right now, for example, has the automatic copyright. If you decided to
copy it without permission and put it on your own website, then that would be
illegal. Not that you would do such a thing, of course.
It is possible to own the copyright on almost anything that exists but isn't
physical: music, graphics, writing, computer programs, and so on. It does not,
however, cover physical things (that's patents), nor does it cover names (that's
trademarks).
A copyright lasts longer than a trademark: typically it lasts until you die, and
then a set number of years after that, depending on your country and the kind of
thing that was copyrighted. After the end of this time, the work becomes -public
domain-, free for anyone to use.
Of course, copyright is a right, not something that you absolutely must go along
with. If you want to give people permission to freely use and redistribute
something you've made, then you have the legal right to do this. You can even
give up your copyright on a piece of work altogether, simply by writing on it
that you no longer want to own the copyright.
Since you're in business, though, the chances are that you'll want more
protection for your materials, not less. Look into registering your copyright at
the patent office, as doing this will give you an even stronger case if you ever
need to use it.
Hope that this article on trademarks, copyrights and home business helped you
with enough information.
You will find similar articles on home business on many sections on this
site. Do not go away without reading them.
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