Copyrights
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Trademark is probably what you are after. US Patent and Trademark Office.
https://www.uspto.gov/
Copyright would be for a piece of art, writing, film, etc. For a name brand, logo, or slogan, you want a Trademark.
FYI You don't just apply for a trademark and get one. You have to show that you have a history of using it in commerce. So first step is to search the database and see if anyone is using the name you want. If not, or if they are using it in a completely different field (like Apple Tree Co vs Apple Computer Co), then start using you word/phrase and marking it with a TM. No government approval needed up to that point. In order to use an (R) with your word/phrase, you must Register your trademark with the USTaPO and they must approve it. See their site for how much $ it costs and how long it takes, etc.
https://www.uspto.gov/
Copyright would be for a piece of art, writing, film, etc. For a name brand, logo, or slogan, you want a Trademark.
FYI You don't just apply for a trademark and get one. You have to show that you have a history of using it in commerce. So first step is to search the database and see if anyone is using the name you want. If not, or if they are using it in a completely different field (like Apple Tree Co vs Apple Computer Co), then start using you word/phrase and marking it with a TM. No government approval needed up to that point. In order to use an (R) with your word/phrase, you must Register your trademark with the USTaPO and they must approve it. See their site for how much $ it costs and how long it takes, etc.
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73 Posts
Hello,
Binki, may i ask you a question - I'm real sorry if this is off-topic. I just arrived and I'm looking all over for how topics are categorized.
So...I'll remove this or mod if it's inappropriate.
I saw on your avatar that you have a round black rimmed image. However shirt is gray.
Do you need to print this image on some sort of transparency to eliminate white color of print sheet?
Thanks,
P!erre!
Binki, may i ask you a question - I'm real sorry if this is off-topic. I just arrived and I'm looking all over for how topics are categorized.
So...I'll remove this or mod if it's inappropriate.
I saw on your avatar that you have a round black rimmed image. However shirt is gray.
Do you need to print this image on some sort of transparency to eliminate white color of print sheet?
Thanks,
P!erre!
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18,438 Posts
Not sure if your asking about his file format or how to print an actual shirt?
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2 Posts
it's like when you want to make a website domain, right? You only need to see if anyone using the same domain or not.
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4,496 Posts
But unlike domain names, there can be multiple companies using the same trademarked phrase/word, but doing so in different industries/contexts.
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Trademark is automatic, just like Copyright.
Registering a trademark is optional, but does help a little bit, especially once your brand has gained some momentum. For example, nobody can use the name and claim not knowing about you using it already. If they do a trademark search, as they should, you will be right there.
You can just register the domain name, and make a simple website describing what you do. This will be enough proof of you using the name. If somebody else try to register it, they will be wasting their money.
Registering a trademark is optional, but does help a little bit, especially once your brand has gained some momentum. For example, nobody can use the name and claim not knowing about you using it already. If they do a trademark search, as they should, you will be right there.
You can just register the domain name, and make a simple website describing what you do. This will be enough proof of you using the name. If somebody else try to register it, they will be wasting their money.
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Not exactly. To prove trademark rights, you need to be using the mark in commerce. Having the name on a website won't be enough. You need to prove you're selling product featuring the mark. Keep in mind, trademarks are specific to a class of goods. So if want to own a trademark for a coffee brand, you better be able to prove to are selling coffee under that trademark.
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If you are not in commerce, you cannot register the trademark anyway... so what is your point?
Also, trademark logos, and words in custom font, are not limited to a specific class of products. For example, I cannot go ahead and make Adidas condoms.
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My point is that it takes more than just a domain name and simple website as you claimed.
Try and register a trademark without specifying a class of goods and see what happens.
The Adidas trademark is a specific example of a very strong trademark. So, it's true, you couldn't possibly get that trademark based on the likelihood of confusion. But if Adidas wanted to protect that trademark on condoms, they would apply for a registration in that class of goods.
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This is NOT how it works! Trademark (™) is automatic, but registered Trademark (®) is not.
If a trademark is just a word, then others could us it for a different product class. However, if the trademark has a unique appearance, like the Adidas one is, then it cannot be used without the owner's permission. Trademark is actually very similar to copyright. The differences are basically that:
a) copyright protects intellectual property, whereas trademark is for commercial and consumer protection (indicating the origin of a product).
b) Copyright has an expiration date, whereas a Trademark does not, and can be re-registered indefinitely.
Registering the trademark is definitely useful once the brand gains momentum, but it is not a priority.
USA: https://en.wikipedia.org/wiki/United_States_trademark_law
UK, Canada, Australia and other common law countries: https://en.wikipedia.org/wiki/Passing_off
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Not sure how this disproves anything in my post. I didn't say Adidas *needs* a trademark. But a brand that size will assuredly *want* to register a trademark for any class of goods they intend to sell. It's just the cost of doing business at that level.
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They may want to do that, but it is not necessary, and that's the point. People would expect anything with the Adidas logo to be an Adidas product, and that's protected by law automatically.
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...correct me but, the idea of tm, copyright, etc...is that you won't make money where the creators/owners would. For example by making cheap knockoffs of their brand (which happens often). So, that's probably why roads signs are public domain - they are not sold or make money in any way. It is probably then the case that if something is not a "profit generator" it is not tm-ed because it does not generate money - you are not getting a piece of someone else's pie...
I have looked this up a little on youtube and the line is quite unclear. Someone here said consult a lawyer if not sure...
P!erre!
I have looked this up a little on youtube and the line is quite unclear. Someone here said consult a lawyer if not sure...
P!erre!
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4,488 Posts
This is so wrong... I don't even know where to begin.
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