COPYRIGHT, TRADEMARK, PATENT

A copyright protects any literary, artistic, musical or dramatic work developed by its creators as indicated under the Copyright Act. For example, if you own a business that has developed a computer program, the literature in the computer program can be protected by a copyright. Or if you have developed a training manual on "How to Start Your Own Business", a copyright will protect the manual itself, thus discouraging others from copying the material and selling it to others.

If you are establishing a business which requires copyright protection, be sure to provide a copyright heading under the Operating Plan section of your business plan. Indicate why you require a copyright, when you plan to copyright your material (if not already performed), the length of time it will take for your material to be copyrighted, the cost to register your copyright, the expiration of the copyright, and the agency who will register your copyright. If you have already acquired a copyright, be sure to intend the business plan reader. Also, guide them to the appendices section of the business plan for a letter of proof. (ask the Copyright Office to provide you with an official letter indicating that your material is protected).

Corporate symbols, words, sounds, designs, slogans, and brand names are items that can be protected under the Trademark Act. Companies trademark their product names and slogans in order to distinguish themselves from those of other businesses. Examples of common trademarks would include Chevrolet, Pampers, Crest, Head & Shoulders, Built Ford Tough, Snap Crackle and Pop, The New Generation, and Pepsi-Cola.

If you are establishing a business which requires trademark protection, be sure to provide a trademark heading under the Operating Plan of your business plan. Indicate why you require a trademark(s), when you plan to trademark your symbols, words, sounds, designs, slogans, and brand names (if not already performed), the length of time it will take for your material to be trademarked, the cost to register your trademark(s), the expiration of the trademark, and the agency who will register your trademark(s). If you have already acquired a trademark(s), be sure to tell the business plan reader. Also, guide them to the appendices section of the business plan for a letter of proof. (ask the Patent and Trademark Office to provide you with an official letter of proof).

A patent protects the development of new machines or mechanical devices. In essence, it allows the innovative company the right to make, use, and sell their invention, while at the same time, prohibiting other companies of such rights. An idea or a principle cannot be patented. In other words, the invention must to be an actual object invented and not just an idea for inventing the object. For example, the inventors of the Digital Video Device would have had to develop a finished DVD (Prototype) before it could have obtained a patent. Therefore, it is advised that each inventor undertake a preliminary search in their local patent office in order to make sure their invention is indeed their own idea and not already patented by someone else. There is no need to waste your time and money if the new machine or mechanical device has already been invented and patented.

If you are establishing a business which requires patent protection, be sure to provide a patent heading under the operating plan of your business plan. Indicate why you require a patent, when you plan to patent your idea or process (if not already performed), the length of time it will take to acquire the patent, whether a preliminary patent search has been conducted, the cost to patent your idea or process, the expiration of the patent, and the agency who will register your patent. If you have already acquired a patent, be sure to inform the business plan reader. Also, guide them to the appendices section of the business plan for a letter of proof. (ask the Patent and Trademark Office to provide you with an official letter of proof).

For additional information on copyrights, patents and trademarks, please refer to the section entitled "Protecting Your Idea".  For more information relating to the Components of the Operating Plan, refer to Operating Plan.