[Duran]

I know there is a million billion trillion topics on Trademarking & Copyrighting but most have talk about it, but not a solid Step by Step - Link, Go EXACTLY HERE. It cost this much kind of topic & maybe Rodney you can make this a sticky so everyone, so we don't have to ask the same basic questions.

FOR OUR EXPERTS (which I am not) Who have done this and know these official trademarking & copyright sites... PLEASE answer this topic and give us newbies who are Trademarking our Company names the easiest way with simple answers & links.

Just simple answers & links to questions.
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Personally I'd like to know these things as well. So I will keep my personal post here. But maybe Trademark/Copyright Experts can post under with exact simple Step by Step blueprint with links on How to: Trademark & Copyright



#1

Trademark the name of my skateboard clothingline (only)? Correct?
http://tess2.uspto.gov/

-That costs $375? Correct? (July 2010)

- if the name is taken for something else, do I write another word onto the name like "Skateboards" so it is different? Do I need to.

- After I search and I want to buy the trademark? Where is that exact link or section to buy/submit your Trademark?


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#2

Copyright the logo for that name (only)? Correct?

http://www.copyright.gov/

- Where is the exact section where I send my logo to get copyrighted?


- The logo is going to be with the name 99%, but some of the time on the shirts or hats I might put the logo portion at the bottom or in front of the name... does it matter that it is not exactly like the logo I sent to the Copyright office? Its the same logo and name just in different areas.

- How much does that cost to copyright the logo?

- How does the copyright office know this logo is with this name im trademarking if my trademark hasn't gone through yet?

 

[kimura-mma]

Trademark the name of my skateboard clothingline (only)? Correct?

Brand names and logos are eligible to be federally registered as a trademark. So you can submit an application for your brand name or logo or both.

When submitting an application for a brand name, a common definition would be "Standard Character Type."

When submitting an application for a logo, a common definition would be "Stylized Design."

There are other options to choose from, so you would need to pick the one that best defines your mark.

That costs $375? Correct? (July 2010)

$375 is the current rate for a paper filing. An electronic filing (known as a TEAS Form) costs $325. And if you use the TEAS Plus Form, it costs $275.

You can read the differences between the TEAS Form and TEAS Plus Form here:Trademark/Servicemark Application, Principal Register

if the name is taken for something else, do I write another word onto the name like "Skateboards" so it is different? Do I need to.

Unfortunately, it is not necessarily that simple.

If your name is taken, make sure the existing registration is LIVE. If it is DEAD, you may be able to use it.

Trademarks are issued by classification. So if your name is taken by a company that is in a completely different industry as your company, you may be able to use it.

If there is an existing registration that is LIVE and in the same classification that you want, then you need to make sure your mark is different enough to not cause confusion in the market.

In all likelihood, you will have to change your mark or add something very distinctive to make it unique. For instance, if there is a clothing company called GRIND and you wanted to register GRIND SKATEBOARDS, that probably won't be different enough. Words that simply describe the product are considered not unique enough.

After I search and I want to buy the trademark? Where is that exact link or section to buy/submit your Trademark?

You can't actually "buy" a trademark. You can submit an application for a trademark. The difference is that just because you want a trademark and send them a check doesn't mean you will automatically get it. There is an approval process and requirements that need to be met. And the application fee is non-refundable. So you need to make sure you understand the process before submitting and paying for the application.

You can find the application forms here:Trademark Electronic Application System (TEAS) Home Page

Copyright the logo for that name (only)? Correct?

Where is the exact section where I send my logo to get copyrighted?

Logos are usually trademarked, not copyrighted. Technically, a logo is a work of art, so you can submit it for copyright. But copyright protection is not as strong as trademark protection, so I would recommend a trademark for a logo.

Copyrights are typically used for works of art, like a t-shirt design. But the art is technically copyrighted once it is in fixed form, so official registration is not always needed. It's really your choice if you want the added protection, but in my opinion, that's not always needed either. You can read up on previous posts on copyrights to learn more.

The link you posted in the one you would use to submit a copyright application.

The logo is going to be with the name 99%, but some of the time on the shirts or hats I might put the logo portion at the bottom or in front of the name... does it matter that it is not exactly like the logo I sent to the Copyright office? Its the same logo and name just in different areas.

You can use your brand name and logo however you want. As long as you have ownership of the brand name and/or logo, it doesn't matter how you actually apply it to the garment.

How much does that cost to copyright the logo?

Copyrights cost $35 per submission. You can put together a book of designs and submit the entire book so that all designs within the book are copyrighted under one $35 submission.

How does the copyright office know this logo is with this name im trademarking if my trademark hasn't gone through yet?

Brand names and logos both go through the trademark office. So the copyright office is not involved at all.

 

[kimura-mma]

I know there is a million billion trillion topics on Trademarking & Copyrighting but most have talk about it, but not a solid Step by Step - Link, Go EXACTLY HERE. It cost this much kind of topic & maybe Rodney you can make this a sticky so everyone, so we don't have to ask the same basic questions.

FOR OUR EXPERTS (which I am not) Who have done this and know these official trademarking & copyright sites... PLEASE answer this topic and give us newbies who are Trademarking our Company names the easiest way with simple answers & links.

Just simple answers & links to questions.
============================

Personally I'd like to know these things as well. So I will keep my personal post here. But maybe Trademark/Copyright Experts can post under with exact simple Step by Step blueprint with links on How to: Trademark & Copyright

It's hard to give a step by step outline on how to trademark or copyright because there are many variables. What may be simple for one application, may be much more difficult for another application. Some marks are eligible for the primary registry, others are eligible for the supplemental register and others cannot be registered at all (for one reason or another). So it's not really fair to define a simple, easy or exact blueprint on how to register a trademark or copyright. Because someone may follow the steps and then find their application is denied and their money is gone. The Trademark and Copyright websites are pretty good with detailed instructions. For anyone not comfortable submitting their own applications should look into online legal services or contact a local attorney. While there are people here on the forums with legit experience on the subject, it should not be a substitute for professional legal advice.