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Do I need to Trademark every design I create?



 
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Old July 14th, 2008 Jul 14, 2008 3:56:19 PM -   #1 (permalink)
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Default Do I need to Trademark every design I create?

Im coming up with numerous designs for my clothing line and was interested in knowing do I have to have them all protected? Or will they be protected under my company name if I use them on a shirt?
 
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Old July 14th, 2008 Jul 14, 2008 4:16:10 PM -   #2 (permalink)
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Default Re: Do I need to Trademark every design I create?

Technically art is copyrighted upon creation, however unless you put it through the United States Patent and Trademark Office Home Page showing that you were the original creator is hard. For what it sounds like you're doing, copyrighting is more along what you need than trademarking. If it's something you're really feeling insecure about, there are lawyers that dabble solely in copyright law whom would know every in and out to protect your rear.
 
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Old July 14th, 2008 Jul 14, 2008 4:45:44 PM -   #3 (permalink)
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Default Re: Do I need to Trademark every design I create?

sumone always told me to mail a copy of my designs to myself via certified mail and never open it, until the day in court when you're suing the jerk off that stole your design

certified mail is date stamped, so that would show when the art was created and i would think that would be enuff evidence

imagine the judge opening that... the look they would give the offending party would be priceless
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Old July 14th, 2008 Jul 14, 2008 8:09:58 PM -   #4 (permalink)
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Default Re: Do I need to Trademark every design I create?

So I guess I need to copyright my designs. My concerns were that I create different designs and than see someone else using them and not be able to do anything about it.

I want my designs to be original and if I have success I don't want anyone being able to use them.

So will the designs be under my company name or should I have each individual design copy written?
 
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Old July 14th, 2008 Jul 14, 2008 8:32:41 PM -   #5 (permalink)
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Default Re: Do I need to Trademark every design I create?

Quote:
Originally Posted by TeamFam
So I guess I need to copyright my designs. My concerns were that I create different designs and than see someone else using them and not be able to do anything about it.

I want my designs to be original and if I have success I don't want anyone being able to use them.

So will the designs be under my company name or should I have each individual design copy written?
Hi All. I am not surer how it is with graphic design, as I have not copy written any of my designs. I will be soon though. I am a music Producer/ recording artist and for all of my music, I have them copy written before I start selling my product. They charge roughly $35-$40 per copyright. This can be expensive if you are doing your works one at a time, but I usually copyright all of my music under a compilation work copyright. This will only cost $35 or $40 but it covers all of my work. I am almost sure that it is the same thing dealing with graphic arts
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Old July 14th, 2008 Jul 14, 2008 10:00:14 PM -   #6 (permalink)
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Default Re: Do I need to Trademark every design I create?

Hi there,
I was told by a guy who was producing a couple of my designs - and this was confirmed by info. I got through the US Copyright web site - that a design is copyrighted the moment that it is on paper. I want to make my designs 'officially' copyrighted, though, with a date stamped, etc. So, I am willing to pay $35 to $45.
I hadn't heard of the 'Compilation Work Copyright.' Thanks. It's definitely something to look into to save some dough.

Duane
 
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Old July 14th, 2008 Jul 14, 2008 11:54:54 PM -   #7 (permalink)
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Smile Re: Do I need to Trademark every design I create?

Peace
lol ah yes the poor man's patent is what they call it. It works and is a good way also, but go for the copyright. peace
Allah Divine

Quote:
Originally Posted by A Perfect Pixel
sumone always told me to mail a copy of my designs to myself via certified mail and never open it, until the day in court when you're suing the jerk off that stole your design

certified mail is date stamped, so that would show when the art was created and i would think that would be enuff evidence

imagine the judge opening that... the look they would give the offending party would be priceless
 
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Old July 15th, 2008 Jul 15, 2008 3:32:58 AM -   #8 (permalink)
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Default Re: Do I need to Trademark every design I create?

It depends, are you going to be using the same common slogan, or logo in all your designs which will, in turn, brand your products? If that's the case then I'd suggest hiring an attorney to do the trademark, which once you've done it once with an attorney, just make sure you ask a lot of questions, that way next time around you can quickly and easily file on-line for about $275.
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Old July 15th, 2008 Jul 15, 2008 10:26:23 AM -   #9 (permalink)
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Default Re: Do I need to Trademark every design I create?

Good point, very good point. I have several designs, but one of my designs includes my business logo. You would definitely want to get your logo trademarked.


Thanks,


Duane
 
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