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60 Your Idea, Inc.

cost you in other ways. Trademark attorneys are experts in review­
ing existing trademarks, filing the application, and dealing with
the Trademark Office examiners who will be reviewing your appli­
cation. A trademark attorney will also help you develop a general
trademark strategy-what to apply for now, what to plan for in the
future, and so on. When an entrepreneur does not have the luxury
of patent protection for his product, whether because the product
idea is not patentable, deemed too costly a process, or some other
reason, trademark protection becomes all the more critical in the
marketing success of the product. Since the entrepreneur cannot
legally keep competitors from "knocking-off" the product, he must
rely on his trademark or brand name to maintain an advantage over
competitors .

Copyrigh ts

According to www.uspto.gov, a copyright is a form of protection pro­

vided to the authors of "original works of authorship," including
literary, dramatic, musical, artistic, and certain other intellectual
works, both published and unpublished. While inventions are mat­

ters for patent protection, copyright protection covers the expression

of ideas. Copyrights do not protect ideas alone, methods, or sys­
tems. The distinction is confusing, but important.

Ideas vs. the Expression of Ideas

My husband, Ron, an attorney who has a lot of experience with
trademark issues, is frequently approached by people with "great
ideas" for something. He tells them, "Ideas are not protectable. Only

the expression of those ideas in the form of songs, books, or artwork

is protectable."
Is your head spinning? (I told you, get a lawyer!) Here's how the

Patent and Trademark Office explains the difference (see box on
facing page).