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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 118635
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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I am a medical doctor and I have recently started a medical

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I am a medical doctor and I have recently started a medical business that invlolves medical practice and the sale of pharmaceuticals associated with the practice...I intend to hire other doctors across the nation (and possible eventually around the world...) to do what I do and I want to protect my business, including my Internet domaine name and the business name, as well as the business concept(s)...

Please advise me what I need to do...
Submitted: 4 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 4 years ago.
You cannot patent your concept or trademark or copyright your concept by law. You can trademark your name and domain names as the first protection. If you have a unique business process itself, this can be patented, but the cost of such a patent on a business process is extraordinary and unlike regular patents, business process patents can take several years to be approved by the USPTO.

Your second protection, which you would need to sit with a local attorney for, is to develop and register a franchise and develop a franchise agreement which you will have all of your doctors sign. The franchise agreement would contain language with them agreeing to not compete in any similar enterprises. This is contractual protection for your business concept, which cannot be achieved through the statutory intellectual property protections. If any of your doctors violates your franchise agreement, then you have grounds to sue them for all of your damages from their breach and can include a provision for their payment of your attorney's fees. The franchise agreement also can contain territorial restrictions for each doctor you bring on.

These are the two types of protections available to anyone starting up a new business based on an innovative process or idea.

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Customer: replied 4 years ago.

At this point I would like to trademark my business name and domain names...what is the best way to do this, in both the U.S and internationally???

Also, in reference to your statement "You cannot patent your concept or trademark or copyright your concept by law." does this refer to U.S. law only???

Is there a prevailing international law on this subject, or is it country by country???

Expert:  Law Educator, Esq. replied 4 years ago.
You can file for your trademarks on your own at and that is for US marks, although in general US trademarks are recognized by international treaties on trademarks. You can get an international mark subsequently, but in general the countries that do not participate in the US treaties, like China, would require you to register your mark in each country separately.

Registration of a concept is a general principle of IP law everywhere, they do not register a concept or an idea I am afraid.
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