If all or part of what your company sells is unique, you'll want to protect these special features before you introduce your product or service. Patents grant your company exclusive right to an invention for a set time period.
If you have a new or improved product--the proverbial better mousetrap--you'd be wise to talk to a patent attorney before you produce and sell the product.
- Trademarks identify the source of both goods and services - they are among a company's most valuable assets. Proper usage generates recognition and customer loyalty that can result in enormous financial returns. It also creates rights in the mark which are granted significant protection by federal regulations. Before they are registered, goods are identified by the superscript TM, services by SM. Following registration, they both acquire the superscript ®.
- Copyright protection exists in original works of authorship fixed in any tangible medium of expression. For example, books, magazines, software programs and even television broadcasts can be protected by copyright. At the very least, important documents published by your company (sales pieces, manuals and the like) should be marked by a copyright symbol, © or the word, "Copyright" followed by the year, company name and the words, "All rights reserved" for worldwide copyright protection. In no case does copyright protection for an original work of authorship extend to any idea, procedure, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work. For additional information and forms to register your copyright, contact the Register of Copyrights, Library of Congress, Washington, DC 20559, 202-707-3000.
Property Issues
If you are just starting or are expanding your business, you'll need to look for a location for the business and the machinery, tools and other capital equipment required to produce your product or service. Whether you are leasing or buying space, you'll want to negotiate the best terms possible. Make a list of your requirements before looking for a new property. Some of the concerns to consider include these:
- Zoning. Is that ideal location you've found zoned for your business activity?
- Adequate power. Be sure the facility can handle your manufacturing equipment needs or even your office equipment.
- Signage. Do you need a sign out in front of your business to help your customers and suppliers find you? Make sure local laws permit you to erect the sign you want.
- Improvements. If you're leasing space, make sure any needed improvements will not violate the terms of the lease. For major changes, specify who will make and pay for the changes prior to signing a lease.
- Maintenance and repair. From clearing snow to making sure the air conditioner runs, you'll need to make arrangements for building maintenance, depending on your lease. If there is shared space in a leased facility (eating areas, meeting rooms, bathrooms), make sure maintenance in these areas is also covered.
If you're expanding your business, you may be in no financial condition to buy new equipment, so leasing can be a wise choice.
In fact, some manufacturers and providers lease equipment at such attractive rates that buying may not even be necessary. Be sure you understand the terms--rates, maintenance, renewals, etc.--before you sign.