Can someone Trademark something you already had Copyrighten?
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Can someone Trademark something you already had Copyrighten?
Can someone Trademark something you already had Copyrighten?
I sent out a group of funny t-shirt designs to be submitted Into the copyright office through onestopcopyrighting.com close to a year ago (sent In a book format to save money) and I noticed when i searched the trademark website today and found that one of my designs has now been trademarked. At least the name of my design. I rather not give out that title for now until I can see what can be done If anything. I know that you cannot copyright a slogan but I was told that If you Incorporate the slogan with a graphic design of some sort this will help. Anyone ever had this happen to them? It just really bums me out when you try to do things the right and legal way and you just keep hitting road blocks like this.
Re: Can someone Trademark something you already had Copyrighten?
Did you ever hear back from the copyright office that your designs were approved? If not, how long does it take? Can you tell when the other one was approved-obviously they would have had the same waiting time as you.
Re: Can someone Trademark something you already had Copyrighten?
I am still waiting to hear back from the copyright office, I was told It can take up to 12 - 14 months. They did say my order was being processed but that Is all. This other company had the trademark passed this past November.
Re: Can someone Trademark something you already had Copyrighten?
Are the trademark office and copyright office seperate entities? You may be dealing with two seperate agencies here.
You can copyright your designs and never apply for a trademark of any kind.
Your question is the first I've read on the forum like this, not that it hasn't happened, there are tons of threads yet to read, but, if I hear you right... you have a design that You Created, and submitted for copyright, and someone has taken your original design, and applied for a trademark with it, to use as their trademark/service mark? Is that right?
Re: Can someone Trademark something you already had Copyrighten?
Quote:
Originally Posted by splathead
Wouldn't that mean they came up with the idea/slogan at least 3 months before you did?
No, I sent out for my designs to be copyrighted in March of 2008 but it takes almost a year for the process. Before I sent out any of my designs I always look up the titles In both the trademark and US Copyright websites and I had no problems at that time (March 2008). Now today i search one of my designs titles on the US Trademark website and it shows that this title/slogan has been trademarked as of Nov. 2008.
Re: Can someone Trademark something you already had Copyrighten?
Quote:
Originally Posted by Girlzndollz
Are the trademark office and copyright office seperate entities? You may be dealing with two seperate agencies here.
You can copyright your designs and never apply for a trademark of any kind.
Your question is the first I've read on the forum like this, not that it hasn't happened, there are tons of threads yet to read, but, if I hear you right... you have a design that You Created, and submitted for copyright, and someone has taken your original design, and applied for a trademark with it, to use as their trademark/service mark? Is that right?
Most of my designs are created with a graphic design Incorporating a slogan. This particular slogan I had a design Incorporated with was not trademarked at the time I sent out for the copyrights (March 2008) but the slogan is now trademarked as of Nov. 2008 and my process has not been completed as of yet.
Re: Can someone Trademark something you already had Copyrighten?
Did you sell or release your designs to the public before they were done being copyrighted? Is that how someone saw your design? (Because it is original - is it not?)
If you created the design, released it, someone saw it, took it, it is possible for them to get their trademark application in and completed prior to your copyright being completed.
Someone just said it took a few months for their tm.
Is it an exact complete duplicate of your design? Is it possible they came up with something similar?
Have you called the copyright office to ask them about this yet?
We are just kicking the can around here. We can't really help you, as you are in a legal situation now, if you want to stop that other person, you will have to seek some legal help to assist you, that much is pretty clear. I guess you could try to contact that person yourself to ask them to stop, but not sure how far that would go, as they've invested their money into the design now for the TM.
You probably are looking at getting a lawyer at this point, but the copyright office might be able to elaborate more on how something like this can happen. This doesn't seem so out of place to me. Looks like you had a cool design someone thought would be great for their mark, and they stole it and TM'd it. It stinks, but does happen.
Will you let us know how this resolves? I hope you are able to win your suit. Best of luck to you.
Re: Can someone Trademark something you already had Copyrighten?
Quote:
Originally Posted by Basikboy
No, I sent out for my designs to be copyrighted in March of 2008 but it takes almost a year for the process. Before I sent out any of my designs I always look up the titles In both the trademark and US Copyright websites and I had no problems at that time (March 2008). Now today i search one of my designs titles on the US Trademark website and it shows that this title/slogan has been trademarked as of Nov. 2008.
I understand what you are saying. But obviously the other guy submitted his in Nov. of 2007, right? And while it is going through the process, are you able to search pending submissions? Maybe that's why nothing came up when you searched in March.
Since you aren't telling us what the item is, we are kinda of guessing around here. But is it possible that someone came up with the idea before you or are you certain it was stolen from you? Where you using the slogan/mark before you decided to copyright it, and maybe someone saw it that way and decided to register it?
Re: Can someone Trademark something you already had Copyrighten?
Quote:
Originally Posted by Basikboy
Most of my designs are created with a graphic design Incorporating a slogan. This particular slogan I had a design Incorporated with was not trademarked at the time I sent out for the copyrights (March 2008) but the slogan is now trademarked as of Nov. 2008 and my process has not been completed as of yet.
So the thing that was trademarked does *not* include your design, only the slogan from your design?
Re: Can someone Trademark something you already had Copyrighten?
Let's just say for now the slogan is "Get Paid". I made a graphic design with dollars and other money related objects with the "Get Paid" slogan incorporated Into the design. Now when I searched both the trademark and copyright websites there was nothing for "Get Paid" so I submitted my design to the copyright office and 8 months later I see "Get Paid" Is now trademarked and I have still yet to hear anything from the copyright office on my design.
Re: Can someone Trademark something you already had Copyrighten?
You may never know for sure, but especially on a slogan, my guess is someone just got around to the copyright office before you did. It would have been different if it was your logo, then I would have suspected theft or goings-on in the filing office.
It's not like that kind of slogan is unique, not taking anything away from you.
It's actually surprising it wasn't copywritten years ago.
This is a discussion about Can someone Trademark something you already had Copyrighten? that was posted in the Graphics and Design Help section of the forums.
Can someone Trademark something you already had Copyrighten? 
