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Permission is the standard, not register copyrights until problems are consequences for using the ®
attribution. arise can be extremely costly. symbol when no registration exists,
Delaying registration of Personal coaches are often beset including invalidation of rights in the
trademarks and service marks by a particularly rosy view of mark. Importantly, registration does
humanity, which can leave them not occur at the time a trademark
vulnerable to exploitation, whether application is filed—the USPTO
Personal coaching businesses are by a silver-tongued scam artist or will evaluate the application and
typically small businesses, highly an uninformed former employee determine whether registration is
sensitive to costs. As such, they going out on her own. Copyright appropriate. And failure to use the
often choose to put off clearing registration is inexpensive and ® symbol when a mark is registered
and registering their trademarks comes with numerous important can be used as evidence that the
for the future. They decide to wait benefits that can help minimize alleged infringer lacked knowledge
until they’ve built-up the business such risks. of the owner’s rights in the mark,
enough to justify spending money which can limit the owner’s
to protect the brand. But this is Failing to enforce intellectual remedies for infringement. Thus,
one instance where an ounce of property rights businesses should take care to use
prevention is worth a pound (or the appropriate symbols in all their
more) of cure. A business can lose its intellectual digital and printed materials.
property rights if it fails to enforce
It is important to ensure that them against infringers. When an Conclusion
a trademark is both available owner fails to take timely action
and protected early on, before against an infringer, courts may Personal coaching businesses
expending significant time and consider this failure as implicit are both highly susceptible to
effort building the brand. By waiting permission to use the intellectual infringing the rights of others and
to clear and register their marks, property. After a while, an infringer highly susceptible to infringement
business owners can find themselves may be allowed to continue using by others. The laws and rules
having to rebrand after they’ve the intellectual property in reliance governing intellectual property can
already built the business and on this apparent permission. For be complicated. But, by becoming
accumulated significant goodwill example, trademark rights can erode familiar with the basics of intellectual
in the marks. This rebranding (and over time and dissipate entirely as property law, including some of
potential liability for infringement) others begin adopting and using the most common IP mistakes, a
is significantly more expensive than similar marks. Thus, it is important personal coaching business can
the cost of clearing and registering that intellectual property owners manage its risks and minimize the
the mark in the first place. actively police their rights. likelihood of a potentially disruptive
surprise in the future.
Delaying registration of copyrights --
in vital, original materials Improper use of trademark symbols Aaron K. Haar is an intellectual
Copyrights protect “original works Trademark symbols provide notice property attorney with the Phoenix law
of authorship,” which can include to the world of an owner’s claim firm of Jaburg Wilk. He assists clients
presentation materials, graphics, to rights in the mark. Trademark with various intellectual property
photos, books, manuals, articles, logo symbols should be used in matters. He has helped numerous
designs, website content, software connection with any word, symbol, individuals and businesses navigate
code, two- and three-dimensional tagline, or any other designation the the complexities of protecting and
art, and the like. Copyrights are business uses to identify itself as enforcing their intellectual property
often the most valuable intellectual the source of the goods or services rights as well as defending against
property a coaching business owns. it offers to the public. claims of infringement.
The original content drives value
for clients and sets the coaching There are three symbols that can You can reach him at akh@jaburgwilk.
services apart from others. be used to identify rights in a U.S. com or 602-248-1025.
trademark or service mark: The ™
As with trademark registration, symbol and the ℠ symbol are used to This article is not intended to provide
coaches often neglect to register identify an unregistered trademark legal advice. Always consult an
copyrights because they believe or service mark. The ® symbol is attorney for legal advice for your
they can deal with problems if and reserved solely for marks that are particular situation.
when they arise. But waiting to registered with the USPTO. There

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