Page 11 - September 2020

ISSUES REGARDING THE LAW PROTECT IDEAS

by Margaret Heine

WHAT A GREAT IDEA! protect your property, then you will be uniquely different from other similar
names which are protected. The
You have been home for months lose the right to use the property Trademark office conducts a test for each
now, are your creative juices flowing? exclusively. That new commercial submission, and makes a publication to see
New ideas? New products? New jingle you’ve dreamt up, it needs to be if anyone objects to the issuance of a
services? A new book? A new copyrighted. Trademark. The office looks at “sounds
invention? A copyright is granted after an alike, looks alike, is it the same category:
There has been a surge in application is filed with the Office of
developing new ideas, patents, Copyrights within the Library of for example, a food, clothing, a publication.
A Service Mark, “SM”, identifies a
trademarks, and creating new products, Congress. They will ask information business which is in the service industry,
inventions, screenplays and books. about who created the work (it is easiest for example Rotary “Wheel”, United Margaret A.M. Heine is the principal
How do you protect all of these when you are the creator of the work), if Airlines “Fly the Friendly Skies”, counsel at Heine Law Group in Fullerton,
great ideas? There are a number of it was someone else, you have to prove Southwest Airlines “I (Heart) SWA”, and California. She is licensed in California and
things you can do so that your idea you have the right to copyright the McDonald’s “I’m Lovin’ It”. They go Washington, and has authority to practice
doesn’t get stolen! All of the options fall work. You will submit the work along through the same examination as before the Supreme Court of the United
under the category of Intellectual with your application. Registration fees Trademark applications. There is a cost to States and the United States Court of
Property. are very reasonable at $45-150.00 per receive A Trademark or Service Mark International Trade. Her practice includes
Intellectual Property broadly is application (one application per work). depending on the classification and estate planning, wills, trusts, and probate as
copyrights, trademarks, and patents. There is also a process where you can categories it is being requested to be used well as business, real estate, and civil
Conceptually, it protects your words, copyright a “collection of works”, which for. Fees start at $275.00. Trademarks and litigation. Email: nbylegas@gmail.com or
your ideas, your designs, and any would be up to 10 items all classified as Service Marks are handled by the Office of visit company website
proprietary new inventions, formulas, a “collection”. You can fill out the Patents and Trademarks. More www.margaretamheine.com.
ideas and artistic works. The various applications online or file a paper information is available at uspto.gov.
agencies which handle these rights application. Additional information can Finally, there are patents. A
generally try to make sure that be found at Copyright.gov. patent is used for a process or a machine, READING: A Great Past Time
your idea is not someone else’s A trademark an innovation. The idea or process has to
idea, and makes it so that no one is a registration which be novel or unique, not something within The Library of Congress has thousands
can steal your idea from you. protects a word, a the common knowledge. Usually, a patent of books on line - Open to the Public
A copyright protects phrase, a symbol or a attorney is used to help process patent
words. Books, music, lyrics, design. The design applications. A Patent attorney is specially and FREE to read. GO TO
screenplays, architecture, would typically be the licensed and meets specific criteria to
software, artistic works are all logo for a brand. For practice patent law. A patent could be a www.read.gov
covered by copyright laws. Copyright example, the swoosh of Nike, the polo new piece of machinery, a combination of
laws allow the publication, distribution, player on horseback for Polo, the materials creating a new material which
and sale of works while protecting them Mermaid on Starbucks, the apple on hasn’t been done before—caveat, however,
from being stolen or misused without Apple products. These are all no patent may issue for anything
permission of the owner of the Trademarks. A trademark when filed radioactive, nuclear weaponry. The patent
copyright. The copyrighted work is and approved will usually be denoted cannot issue for a mere idea. It has to be in
usually designated by the “©” symbol. using the “®” symbol or the letters physical use and be presently made. A
This means that the work has been “TM”. If filed, registered and approved patent could also issue for a new
registered and is a protected work under by the Trademark office, you have compound, for example, drugs and ANYONE NEED ASSISTANCE?
the United States copyright system. The national protection for the use of that pharmaceuticals. New drugs, using CHECK OUT THE RESOURCES
United States Trademark and Patent mark on your products. When you ingredients in a new way to make a new AVAILABLE BELOW:
Office and with the Library of Congress apply for registration you must indicate product, is patentable. Full schematics, RESOURCES ~ There are thousands of
(Office of Copyrights) provides structure what the trademark is going to used on, drawings, samples, and formulas need to federal, state, and private benefit
to the copyright process. whether color is an important be provided in order for a Patent to be programs that help pay for prescription
A copyright provides protection component of the mark, and whether it granted. A Patent typically protects the drugs, health care, utilities, and other
to the copyrighted work for an is presently in use. Phases that product for 15-20 years depending on the basic needs for adults over 55.
individual is the life of the individual trademarked are usually specific to a type of Patent. There are two types of www.benefitscheckup.org;
plus 70 years. That is why there is value particular product or brand, like “Just patents: utility patents and design patents. 1-202-479-1200
to an estate of an individual and why the Do It”, “Where’s the Beef”, “Families The patent process can be complex, National Council on Aging.
ownership of the copyright is so First”. You cannot trademark or take nuanced, and technical. It would be
Interested on serving on a jury?
Interested on serving on a jury?
Interested on serving on a jury?
Interested on serving on a jury?
important to members of the decedent’s ownership of common, ordinary words. recommended that legal assistance be Interested on serving on a jury?
Jur
Jur
Jury Service
Jury Sery Servicevice
family. Also, you cannot use a trademark which sought to file a patent application. There is Jury Sery Servicevice
For example, the value of the might confuse the public and have them
Orange County: 657-622-7000
Orange County: 657-622-7000
Orange County: 657-622-7000
Orange County: 657-622-7000
Orange County: 657-622-7000
Intellectual Property in the Estate of think they are purchasing products from a $400 fee for filing the application for a San Bernardino: 909-884-1858
San Bernardino: 909-884-1858
San Bernardino: 909-884-1858
San Bernardino: 909-884-1858
San Bernardino: 909-884-1858
patent.
Michael Jackson or John Lennon or Elvis a company, when they are not. For So, now you are protected, you Los Angeles: lacourt.org
Los Angeles: lacourt.org
Los Angeles: lacourt.org
Los Angeles: lacourt.org
Los Angeles: lacourt.org
Presley, has been of enormous value to example, similar sounding, but spelled may sell, license, or collect royalties on
their respective families. It is also why differently: “Which Water” and “Witch your ideas! Hoping that we all have come Decluttering: Since the stay at
families of many artists sue for violation Water” would conflict with each other, up with at least one profitable idea during home order, I have decluttered my
of the copyright laws (use of musics, “Starbucks” and “Starbux” would this unprecedented time! Here’s to attic, my garage and currently
lyrics) or their image. If you fail to conflict with each other. So, it needs to working on a storage shed.
inventing and creating!
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