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Copyright/Trademark
Attorney Cautions Businesses to Protect Names and Products
St. Louis Small Business Monthly
by Robin R. Mueller
"I’m
part of a company’s protection and insurance. Federal
trademark registration is a very valuable asset, because
it’s given a lot of weight in court. In an infringement
situation, it’s much more difficult and expensive to
try to go back and protect the trademark later."
Heller has registered trademarks and copyrights for 1,200
businesses. National clients include SpringHill of Peoria,
Ill., a California toy company, a Chicago popcorn company,
as well as computer, construction and consulting companies,
and more. St. Louis clients include Mary Engelbreit, Kemolls,
Behlmann’s Automotive, Kodner Gallery, Work Transitions,
Contractors Success Group and hundreds of other new and
established companies.
Depending
on the complexity of the search and filing fees, most companies
can register a trademark for $745 to $1,500.
Ironically,
Heller usually doesn’t meet her clients face-to-face,
working mostly via phone fax and courier. One night at a
party, she and her husband introduced themselves to a couple,
whom she discovered were two of her clients!
"Usually,
advertising people like a very descriptive name," says
Heller. "Trademark attorneys like arbitrary trademarks
like ‘Apple’ or coined trademarks like ‘Exxon’
or ‘Kodak’.
"Remember,
‘Apple’ took on a new meaning, and no other computer
company named itself after a fruit or vegetable," she
laughs. "Coined marks have no meaning on their own,
but they come to have an image through their use."
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