Here is a checklist of what a
trade or professional association
should consider protecting with
copyright or trademark. Other taxexempt
organizations, including
charities, educational institutions,
and hospitals can also use the list.
We’ll start first with copyright.
Although recent legislation has
reduced the need to mark materials
with a copyright symbol, we
still think it’s a prudent practice.
The notation form is “© [Date]
[Organization Name]”: © 2011
ABC Association. If you think
there’s a realistic danger that someone
might copy the materials — say,
a competitor copying drawings used
on your website or in your consumer
brochures — you should also register
the copyright, which is a simple
inexpensive on-line procedure not
requiring a lawyer. See www.copyright.
gov. Registration may allow
you to obtain relief in court and
obtain attorneys’ fees. You can file
quarterly and include all newsletters,
website changes, etc. for the previous
three months.
Here’s what you should consider
copyrighting:
- Website
- Newsletter
- Journal
- Rule books (for instance, used by a sports league)
- Certification examinations — especially questions on exams
- Forms used by members (form contracts, for instance)
- Brochures
- Drawings and illustrations
We turn next to trademarks.
Registering a trademark is a more
elaborate process, but it provides
protection against more than
copying: it protects against someone
using a mark that is confusingly
similar to yours. You’ll need
a lawyer to get a trademark.
Here’s what you should consider
trademarking:
- Your organization’s principal logo
- Any mark that identifies members
- A mark identifying those certified
- A name for a program to solicit contributions
- A marketing slogan
- The name of your journal
- The name of your newsletter