Trademark is an area that is unclear to many creatives, which brings up one question: is it important? A trademark is what your consumer or consumer base identifies you with; specifically, that good or service that you provide to the industry you are in. My curiosity to know more about trademark law got the best of me, but Jo was gracious enough to answer my questions. We met at Kaffeine Coffee (@kaffeinecoffeehouston) in Houston’s 3rd ward to discuss adversity, becoming a trademark attorney, and most importantly, protecting your intellectual property.
Do you need a trademark / how long should I wait to get one?
Absolutely. Especially if you are building any type of business or legacy. It’s your branding, it’s how people identify you with what you do, and it could be the very thing that sets you apart. As far as how long you should wait, not too long. You don’t have to be well established, but I would consider trademarking around the same time you are making the “LLC” or “S Corp” decision. Brands should realize as you grow, your branding grows as well. During this time, you are building your brand portfolio.
How long does a trademark last?
It could last forever if you are using it. There are renewal documents that need to be submitted at certain times, but this is something an attorney can help with. One quick tip: it’s better to file your trademark under your business. Meaning, list your business as the owner. Ownership of trademarks can be passed down to your heirs. Kobe is an unfortunate, but great example of this. The trademark for his daughter’s name “Mambacita” will still be owned under his company, which is likely to be passed down to his heirs.
What is intellectual property and how do you protect it?
It is the protection of the tangible expression of your ideas. Meaning, those protections don’t kick in until the idea becomes something you can conceptualize or build. Intellectual property is an umbrella term and there are three main properties: patents, copyrights, and trademarks. Patents – These protect inventions because you can’t patent ideas. The idea must become something tangible, because depending on the patent, you must submit a blueprint for what the item is and how it works. Copyrights- These are used to protect artistic expression. Think films, music, photography, paintings, and sculptures. Basically, works of art. The idea must be pulled out of your head first, and at that point, a copyright can be introduced. Trademarks – See previous questions.
Read the full interview at Shots on Taylor
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