[kc6789]

Like most clothing lines, they have a logo with a (tm) or (c) by the name to know that it's legally theirs.

What I want to know is, should I put the (tm) by every variation of my logo? If it's a different color, different font etc.?


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[IYFGraphics]

Like most clothing lines, they have a logo with a (tm) or (c) by the name to know that it's legally theirs.

What I want to know is, should I put the (tm) by every variation of my logo? If it's a different color, different font etc.?


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Logos are trademarked and works/designs are copyrighted, if you register your logo or not you can use the (tm) next to your logo, once it is approved you can use the (R) next to it.....IMHO if registered or trademarked it should become integral part of your logo and used every time.

The only problem I see is that you may need to trademark each variation (different font) to gain any protection.

Hope this helps.

 

[binki]

if you register your logo you can use the (R) next to your logo, once it is approved you can use the (tm) next to it

strike that and reverse it chief

 

[IYFGraphics]

strike that and reverse it chief

Sorry you are so right Binki....

When can I use the trademark symbols TM, SM and ®?
Any time you claim rights in a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the USPTO. However, you may use the federal registration symbol "®" only after the USPTO actually registers a mark, and not while an application is pending. Also, you may use the registration symbol with the mark only on or in connection with the goods and/or services listed in the federal trademark registration.


Hope this helps

 

[kc6789]

So if this is my logo...


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[kc6789]

I have to put the mark on this design/variation too


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[kimura-mma]

For any mark that is federally registered, you can use the "circle r" designation. For any other mark, you can use the "tm" designation. Keep in mind that using the "tm" does not grant you any actual protection or ownership. It is simply your unofficial claim.


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[binki]

For any mark that is federally registered, you can use the "circle r" designation. For any other mark, you can use the "tm" designation. Keep in mind that using the "tm" does not grant you any actual protection or ownership. It is simply your unofficial claim.


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tm is only recognized in the usa.

the circle r is not recognized international unless you are doing commerce in that country.

also, previous users of the mark may be able to have regional use of the mark without registration.

 

[kc6789]

Ok, but for every design that I make, using part or all of my logo, I have to mark them as well, right?


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[kimura-mma]

Ok, but for every design that I make, using part or all of my logo, I have to mark them as well, right?

Nope. You are not legally required to mark your logo at all. It is up to you if you want to include any designations.

 

[binki]

Ok, but for every design that I make, using part or all of my logo, I have to mark them as well, right?


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If you register your mark and you have variations, you will need to pay a registration fee for each one.

You can register and note that font/color are not part of the mark.

 

[DDSol]

For the record, anything you create (creative works) are copyrighted (c), unless you do so for the company. (IF you do it for yourself on company time, things get finicky). As for trademarking, it simply says "Looky here, this is my trade markl!", but it doesn't stop others from using it. IF however your logo is fancy (any graphic design will do), you have a claim, namely a copyright claim. Others cannot legally use that logo, not because of a trademark infringement, but because of copyright infringement. Copyright is implicit, you have it as soon as you "create" something, even if you don't claim it!

And TM (R) or (C) don't need to be displayed at all. Do as you please (Except with the (R), you need to be approved first...)

 

[kimura-mma]

As for trademarking, it simply says "Looky here, this is my trade markl!", but it doesn't stop others from using it.

Federally registering a trademark is more than just aesthetics. It establishes ownership of the mark for a specific classification of goods and services. Even without registration, the trademark owner can gain common law trademark as the mark is used in commerce. Either way, trademarking is important as it offers the owner legal recourse against those that infringe on the mark.

While it is true that registering a trademark does not prevent others from stealing it, the same can be said for copyrights as well. Intellectual property owners must actively and aggressively enforce their ownership by taking legal action (sending C&D's or filing lawsuits). Just owning a trademark or copyright is not enough.

IF however your logo is fancy (any graphic design will do), you have a claim, namely a copyright claim. Others cannot legally use that logo, not because of a trademark infringement, but because of copyright infringement. Copyright is implicit, you have it as soon as you "create" something, even if you don't claim it!

Once a logo is "fancy" enough to fall under copyright, it ceases to be a logo for legal purposes (and practical purposes too, but that's another conversation).

The best way to protect a logo is through trademark registration. Copyright has a much looser protection and should not be considered an alternative to trademark. They offer similar benefits to the owner, but they are different applications for different purposes. Do not assume others cannot use your logo because of the existence of copyright. IP owners still need to take action to prevent infringement, it is not automatic.