Common Law Copyright Trade Mark Definations
The Problem - Who Owns Your Name
Not establishing legal title puts one in a position where someone else can benefit from your work and/or creations. In the common sense, we can identify with the need to protect creative works of art such as books, poems, inventions, and the like but what we may not be aware that someone can also copywrite your name and in effect have ownership of everything created in that name.
Imagine waking up one day only to realize that everything you worked all your life for was not owned by you. Furthermore, you find out unbeknown to you that everything you did was done under the name of a corporation. You investigate a little further and you find out that this corporation has tied you into multiple contractural obligations - and here you are paying in the corporation's name for this and this and this ... adnaseum, effectively bleeding away everything you make. Does this sound like a nightmare or does this sound like real life? Well that sound you hear is your wake up call.
A Hypothetical Question - Are you the beneficiary?
Welcome to the real world 'as it operates under the Uniform Commercial Code'. The UCC as its known has been adopted in virtually all the countries in the world. Its what all your laws are based on, its what all your lawyers are trained in, its what all your courts base their decisions on. Consider the UCC as the rule book or the operating and procedual manual for all commercial activity or all exchange of energy in the form of all intellectual property, goods and services.
You see the UCC is an artificial creation, in the sense it is man made laws or codes governing commerce. Everything that operates in this artificial world is contractual. In other words in order to receive something you must give up something of equal value. In that sense a contract promotes fair exchange or commerce. All communication is conducted on paper and in this artificial world whenever you respond to or sign your name you are entering into contract whether you are aware of it or not. The presumption is that you are fully aware of what you are doing and obligating your self to.
Commerce will not work if either party does not fullfill their obligations in contract. And so rules of conduct or procedure are of prime importance. Technically, not honouring or fullfilling ones obligations puts one in dishonour. This is quite serious as your ability to function in commerce hinges on your reputation to be true to your obligations.
This UCC game on the chessboard of life is all about energy, your life's energy, either you in this are the full beneficary of your intellectual and/or physcial efforts or you are not. If you are not the owner of your name in commerce then you are not the owner of all you created under that name and you are not the one who benefits from the results of your efforts ( you are not the beneficiary). In addition you are also tied into all obligations which that name that 'trade name' or 'trademark' is contractually tied into. In effect you are exchanging energy for preceived benefits that may or may not serve you.
One of the pitfalls in contract is unwittingly trading your natural birth rights for perceived benefits which your already have in common law. Using the UCC's own rules of procedures you can rectify or delink yourself from any or all contractual obligations if you perceive it not to be in your best interest.
The Solution - Establish Legal Title in Common Law