Читать книгу The Consulting Bible - Alan Weiss - Страница 27

Anything original that you write is automatically covered by copyright protection laws. You should, however, indicate that protection with either (but not both) of the following forms:

 © Alan Weiss 2021. All rights reserved.

 Copyright Alan Weiss 2021. All rights reserved.

You do not have to register copyrights with the federal government.² The reason to do so is strictly for lawsuits and trying to collect punitive damages. Without such government notice, you can sue to remove plagiarism and violation of your copyright, but cannot collect punitive damages or damages for any business lost. If you have filed with the government, then you can sue to collect such monies. In 35 years and with tens of millions of words written, I've never filed with the government for further copyright protection. I have successfully shut down a half‐dozen plagiarists.

For certain phrases, models, and materials (extensions of your intellectual property) you can apply for trademark (™) and service mark (^SM) protection. If they stand up to investigation and challenges (for prior use) you will be granted registration (®), which is the highest form of protection.³

Trademarks and service marks are differentiated by products versus services as a rule. Don't attempt to gain this protection online, even though it appears inexpensive to do so online. Use a good trademark attorney. The cost should be between $600 and $1,500, depending on where you live and the nature of the protection, but the search will be exhaustive and all the paperwork and responses will be correctly handled. From application to registration granted can take nearly a year in some cases, but you can use the trademark and service mark indicators as soon as you apply.

And they become equity in your business, should you ever choose to sell it or sell the trademark.

As a rule, you cannot protect common phrases, but you can protect use as adjectives. I can't protect Million Dollar Consulting, but I can protect Million Dollar Consulting® College. Also, classes vary. My partner and I (in our LLC) once protected our offering, The Odd Couple® Workshop (for professional speakers), because it is in a different class from the theatrical productions (which surprised even me).

That's why you need a good, specialized attorney.