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Step 4. Understand Legal Issues 59
ing with an attorney. You can easily search existing patents and
educate yourself on the patent process by visiting www.uspto.gov.
Another website that has a patent resource is www.google.comlpatents.
Be aware that there are critical time requirements for filing patent
applications in certain circumstances. For this reason alone it may
be well worth the money to consult with a patent attorney sooner
rather than later.
Not every product idea needs to go through the lengthy and
process of obtaining a utility patent. Hallelujahl Check
your IP attorney to see if you can get enough protec
tion from trademarks. copyrights. or a less expensive design
Tra d e m a r k s
According to the U.S. Patent and Trademark Office, a trademark is
"a word, name, symbol, or device that is used in trade with goods
to indicate the source of the goods and to distinguish them from the
goods of others. A service mark is the same as a trademark except
that it identifies and distinguishes the source of a service rather
than a product."
Acme Cleaners has a service mark, as they provide a service,
where as Coca-Cola has a trademark, since it's a product.
Although limited trademark rights theoretically exist without a
formal registration, don't chance it. Meaningful countrywide pro
tection is only granted by the Patent and Trademark Office, via an
application process.
Do I Need an Attorney?
Unlike a patent, the government allows non-attorneys to file for
trademark registrations either through the mail or online at www
.uspto.gov. Although filing on your own will save you money, it could