by Lee Wilson, 1998, 193 pages, $18.95, ISBN 1-880559-81-1. Published by Allworth Press.

The subtitle of this book, "A Guide to Protecting and Profiting From Trademarks", describes this book quite well. It is friendly. Some trademark books describe trademark laws accurately, but leave the inventor or entrepreneur wondering just how his product or service is affected by the maze of legalese.

The author begins by making a fundamental point -- in the United States, the rights to a trademark are gained by use of the mark and not by the registration of it. However, registration in the Patent and Trademark Office (PTO) does provide the basis for suing infringers in federal courts. The great value of such registration can be seen by noting that over 100,000 trademark applications are now being filed per year.

The author stresses the importance of a "full" trademark search before putting a mark on your product, your business forms, or in ads. While a competent search may cost you $700, this is nothing compared to the cost of scrapping out what you thought was an original mark but which created a "likelihood of confusion".

It is very important that the lawyer you hire to give an opinion be a trademark lawyer, not just any lawyer. Just as with patents, the laws and rules of the PTO are a field unto itself. You can save yourself some time and money by doing a preliminary search yourself, especially if you use the services and guides available on the Internet, e.g., www.uspto.gov and www.thompson-thompson.com.

The author points out that since today even many relatively small firms do a worldwide business, it is wise to consider using a symbol or design as a trademark. When using a word along with a symbol or a word by itself be alert to language differences. For example, "NOVA" in Spanish means "no go".

The book provides a seven-point checklist for obtaining trademark clearance. Using the list will be, as the author says, "insurance against a trouble that no business needs".

Also provided is a list of "Ten Deadly Sins of Trademark Selection". The number one sin, as you might expect, is "The mark is confusingly similar to a trademark that is already federally registered". The author cautions that avoiding all ten deadly sins still does not guarantee acceptance of your mark by the Trademark Office. At times, it "moves in mysterious ways".

The most registerable marks are those "coined out of thin air". The most effective marks are those that imply a quality to your product. For example, "TORO" implies strength when used for a lawn mower.

The author gives "Ten.Tips for Creating Trademarks". One interesting tip suggests studying world cultures. "THUNDERBIRD" is said to be the name Native Americans gave to large woodpeckers. There are two software programs that can aid you in creating a new trademark. The names of these software companies and their phone numbers are given in the book.

As with a patent application, do not be surprised if the first action on your application for trademark registration is a rejection notice. You have six months to reply. Normally ironing out application problems takes a year to eighteen months.

The book notes the importance of using the circle-R symbol once your trademark is registered and cautions against making up your own symbol.

Every state also has a trademark registration system and there are some benefits to registering in your own state. A list of addresses for requesting information and forms is provided in the appendix.

The Trademark Dilution Act of 1995 gave added protection to "famous" marks and the prevailing advice is "Stay away from famous marks".

The chapter on finding a trademark lawyer, by itself, is probably worth the price of the book. The author warns against using the yellow pages, the referral services of local bar associations, and lawyers that advertise. Asking a lawyer you know and trust is advised. Also, tips are given for using The Martindale-Hubbel Law Directory that is available at many libraries. In addition, a chapter section called "The Eight Warning Signals of a Bad Lawyer" is a must read. Four more pages on "Managing Your Lawyer" round off this superb chapter.

After you have acquired a registered trademark, it is up to you to police and protect it. The author cites two classic bits of advice. One is "Rust never sleeps". That is, you must be eternally vigilant regarding trademark infringers. The second bit is "Walk softly, but carry a big stick". In other words, don't sue without checking your facts, try to settle out of court, and get competent legal advice.

Licensing your trademark can, as the author says, "create income from thin air for you". However, it is also pointed out it can result "in your killing the goose that laid the golden egg..." Nine things you must insert in your written (and note written) agreement are given by the author.

Bringing the book into the cyber-commerce age is a chapter on "Trademarks in Cyberspace". Registered domain names exploded from less than 9,000 in 1993 to over 400,000 three years later. Often disputes with trademark owners have taken place.

Reading this low-cost book will give an understanding of how even the selection of one simple word or design can involve far more considerations than you ever anticipated.