Why Do You Need a Trademark or Copyright For Your Business?
Small Business Tax Savings Podcast
Small Business Tax Savings Podcast
Why Do You Need a Trademark or Copyright For Your Business?
Mar 22, 2023 Episode 22
Mike Jesowshek, CPA

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Are you unsure about the difference between trademarks and copyrights for businesses? On this episode of the Small Business Tax Savings Podcast, we are joined by Andrea Sager to discuss the crucial information that small business owners need to know.


Andrea Sager helps listeners to understand the importance of protecting your brand by filing applications and navigating copyright law.


She shares why statutory damages are essential when registering copyright, how photographers are now using cease and desist letters as a business model, and when it makes sense to register for copyright.


Tune in now as we explore how to protect yourself legally and monetize your creative works through trademarks and copyrights! 


[00:01] Understanding Trademarks and Copyrights

  • Mike welcomes Andrea Sager to the show!
  • Why you need trademarks and copyrights for your business
  • Trademarks protect brandings, such as brand names, logos, slogans, and podcast names
  • Copyright protects creative work, such as blog posts, videos, photos, and recordings

[02:37] How To Protect Your Work From Infringement

  • Federal registration is needed for trademarks to have federal rights
  • Copyright protection is automatic but filing may be necessary to sue for infringement
  • Statutory damages for copyrights are important because it is hard to prove damages in a copyright case
  • Copyright registration varies depending on the medium, namely: blog posts, podcasts, photography, etc.
  • Designers should send their designs to be monitored before publishing them

[05:40] The Cost And Process Of Obtaining A Federal Trademark

  • Copyright infringement can lead to statutory damages and possibly a lawsuit
  • The cost of filing a copyright lawsuit
  • The process for filing a copyright lawsuit
  • Trademark applications should be filed as soon as possible when a business has momentum

[18:18] Closing Segment

  • Andrea advises listeners to protect themselves legally and monetize their creative works through trademarks and copyrights! 
  • Final Words


Key Quotes

“Trademarks are your branding, your brand identity, your brand name, your logo, a slogan, a product name, a podcast name, anything that has a unique name within your business. It can probably be protected with a trademark… So, trademarks are branding, copyrights are content.” – Andrea Sager


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