Friday, December 9, 2011

Adventures in Trademarks


By the time I finished the first complete draft of my "book," I found myself with an overwhelming piece of work that boasted a whopping 924 pages, not including pictures and sounds. As far as I was concerned, it was still a collection of tales that wove its way toward a final story that probably qualified as a book in itself. So now what? Find someone to edit it for me? File for a copyright before I let anyone else look at it?

Along the way, I had invented numerous names and words to use in my fantasy world. The characters had odd, otherworldly names, as did their families or "clans," as they are called. The names of Heaven's Wait's various locations and plants were also made-up words, so I spent a great deal of time doing research on Google and on the U.S. Trademark Office website, to make sure I wasn’t using words that were already claimed. That was tough duty because, with the constant creation of new websites and usernames in the mad world of the Internet, most words I thought of were already taken. I even had to change words I thought I had cleverly invented.

It was time to seek the advice of a copyright lawyer. I lugged my manuscript, along with my laptop filled with illustrations and music, to the office of a lawyer I had previously worked with on a fundraising project. He was very cordial and didn't laugh at the massive volume of my portfolio. I was most concerned with the copyright issue, but he quickly advised me to change the focus. Filing for a copyright for the tales was a waste of time at that point, because the manuscript was likely to be edited several times before it was ever published.

The attorney was more concerned with the world I had created, Heaven's Wait. He felt it would be worthwhile to protect the name with a trademark, especially if I planned to expand this world in the future. Yes, the wheels were already turning with ideas for further adventures for my quirky characters. He and I decided which of the many classes of trademark registration to pursue, and sent in the initial filings. Once I was told the name was clear, I had three years to put the mark "Heaven's Wait" into active use. During those three years, if I didn't yet have something ready to place into active commerce, I would need to file for an extension every six months. There would be a filing fee for each class I had applied for, as well as lawyers' processing fees.

That wouldn't be a problem, would it? After all, I had finished the writing. Ha! I had no idea how much I had yet to learn.

Words of wisdom…don't file for a trademark until you have a tangible product that's ready to place into active commerce. 

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