Don’t Bother with © or ™ Unless You Work It Consistently

January 6, 2010

iStock_000007520461XSmall intellectual propertyCopyrights are great.  They protect your unique expressions.  But once you copyright something, you lock it in stone.  The copyright covers that unique expression.  Change a few words and it’s a new copyright, perhaps a derivative, but new, nonetheless.

Trademarks and tradedress ( the packaging and design – how the brand is presented – the materials chosen etc.)  protect your logos, name, packaging and other unique design expressions.  When you claim and/or file for trademark protection, remember, you are locking in the design and it must be used consistently going forward, or you will risk your ability to enforce your rights going forward.

Consistent “presentation” and use (including use by your suppliers) are keys to protecting intellectual property.  You can’t protect it if you don’t use it consistently.

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