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What do I need to protect a logo?
My husband wants to start our own clothing line. I created a symbol for it. What do I need to do to protect our logo? I was reading about patents, trademarks, and copyright. I wasn't sure what I really needed. Looked like I needed a trademark, but I'm not sure. Any help for someone who knows from experience and not just guesting is very much appreciated. Thank you in advance.
6 Answers
- TM Express™Lv 71 decade agoFavorite Answer
You're right, a trademark is the way to go.
To register a trademark, that's done either through your Secretary of State for a State trademark or the US Patent & Trademark Office for a Federal trademark.
If you are only conducting business in one state, then a State trademark is most appropriate. If you conduct (OR are planning to conduct) business in at least 2 states OR between the US & any other country, you can file for a Federal trademark.
Prior to investing your time, money & effort into a name, it is strongly advised that comprehensive research be conducted to ensure that the name you're interested in is truly available.
FOR A LOGO: This entails searching the pending & registered Federal trademark files.
FOR A NAME: This entails searching the pending & registered Federal and State trademark files as well as the US National Common-Law files.
Then, if clear, you can decide if you would like to file for a Federal or a State trademark.
Hope that helps! I wish you much success & happiness in all your ventures!
Source(s): http://biztaxlaw.about.com/od/research/a/Sec_of_st... -- Contacting your Secretary of State, a listing of links for all states http://www.uspto.gov/ – United States Patent & Trademark Office http://www.uspto.gov/main/trademarks.htm -- USPTO's Main Trademark Page http://www.nolo.com/resource.cfm/catID/D8932879-DC... -- Nolo's Trademark Resource Center - 1 decade ago
There are two ways to protect your logo, which is your intellectual property.
The first is, start using it. Put it on the clothing line, your website, your business stationery (letterhead, envelopes, business cards). This will establish ownership by use of the logo.
You could also check with an attorney that specializes in copyright and trademark registration. They will charge a fee, but you will have further protection in that you have legal registration of the mark.
If anyone tries to use the same logo, or one very similar to it, you will have established use and the first person to apply to register copyright and trademark has the legal right, not whoever is granted it first (usually though, the first to apply).
Also, make sure that you have registered some sort of business name associated with it as well. This can be accomplished at the same time as the copyright & trademark work.
- 1 decade ago
File for a trademark registration in your country. Logo falls under the category of a trademark. Patents are for inventions while copyright are more for literary works and compositions. Trademarks, on the other hand, are for trade names and trade marks such as logos.
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