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Question about Trademarks



 
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Old March 18th, 2008 Mar 18, 2008 3:40:43 PM -   #1 (permalink)
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Default Question about Trademarks

Hello everyone, I had a question about trademarking a logo and also the design on the actual shirt. I'm wondering how to I ensure that the logo I'm using for my company is protected and also my designs on the shirts. Do you need to fill out seperate forms for logos and designs, or is my design protected by the fact that I have my logo somewhere on the shirt? I hope I'm phrasing my question correctly. Thank u.
 
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Old March 18th, 2008 Mar 18, 2008 4:37:44 PM -   #2 (permalink)
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Default Re: Question about Trademarks

Just W8...You might want to search the forums on this particular topic since this has been discussed a lot.

But, to answer your question, Yes, these are 2 separate processes. When you want to protect your logo, you'll need to trademark this--which is an application filled out and delivered to the USPTO. Furthermore, when you want to protect your designs, they will need to be copyrighted. I must say, however, both of these are costly especially when you engage lawyers. This is what we've done. Getting something copyrighted is generally cheaper than a trademark and the process isn't as long as it would if you had something trademarked. In it's simplest form, via trademark process, once your application is submitted to the USPTO, it then goes to an agent to review, that agent then announces your existence to others and if nobody disputes it, it is then registered. That is when it is legal to use the ®.

Keep in mind, trademark is protecting your 'Brand' while a copyright is protecting a design/image or as they say 'intellectual property' or form of expression.

For your reference, check out the USPTO site (United States Patent and Trademark Office Home Page) to search trademarks review both the trademark and copyright process. I highly suggest you educate yourself on this.
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Old March 18th, 2008 Mar 18, 2008 4:42:51 PM -   #3 (permalink)
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Default Re: Question about Trademarks

Quote:
Originally Posted by Just W8
Hello everyone, I had a question about trademarking a logo and also the design on the actual shirt. I'm wondering how to I ensure that the logo I'm using for my company is protected and also my designs on the shirts. Do you need to fill out seperate forms for logos and designs, or is my design protected by the fact that I have my logo somewhere on the shirt? I hope I'm phrasing my question correctly. Thank u.
Here are some places to research:

Look here: trademark related topics at T-Shirt Forums

And here: copyright related topics at T-Shirt Forums

And here: Trademarks

And here: U.S. Copyright Office
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Old March 19th, 2008 Mar 19, 2008 11:51:44 AM -   #4 (permalink)
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Default Re: Question about Trademarks

I'm in the (hopefully) tail end of a trademark and all I can say is, Research, Research,Research. Use other trademarks/copyrights by learning how they went through the process. Go to school on them And, if you can, skip the lawyer and do it yourself. I've heard the USPTO are helpful when asking them questions. Save your money for the lawyer when you really need them.
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