But, your image may also qualify for copyright protection as well. Your business provides training services but you also have your logo on t-shirts and other swag , you might want to also file a copyright application.
The copyright has no relationship with the goods or services being sold with it. While you may be able to copyright your logo, copyrights also protect:. If your logo is an original work of art that you have the rights to, like a computer rendered design, a drawing, photograph or painting, you could copyright it.
My 8 year-old granddaughter loves to draw and does it so well. We have put some of her drawings on custom made sneaks and tees with a name we associate with her for our personal use. Can I do this. Why, What, and How in one short message. This is a great start. I had no idea it is so involved.
Appears the article is still current. Thanks again. I agree. Great article and very useful for me as I start my small business. Good article for those freelancers and entrepreneurs who are starting their online business or brand. Will share it, thanks! Your email address will not be published. Facebook Twitter LinkedIn Email. FirstSiteGuide is supported by our readers. When you purchase via links on our site we may earn a commission. Read More. Do you need to register a trademark and copyright for your logo or brand name?
Those advantages include: The legal presumption of your ownership of that mark nationwide, which is important if you plan to expand your business to other markets. By registering, you will have far lower costs when trying to enforce your trademark rights. Trademark registration also lets you qualify for various online sales programs.
Registration in a single country can be used as a stepping stone for registering your trademark in other countries as well. Your organization receives priority over other organizations that want to get the same registered mark. USPTO registration gives you proof of legal trademark ownership as well as documentation. National protection against similar marks. Protect your products from similarly branded goods that are imported. Make it easier to brand your company internationally.
More advantages in court disputes. You get statutory damages if someone counterfeits your products. Prevents registration of similar marks. Your copyright claim gets added to a public record. If someone infringes on your copyrights, you can sue them in federal court. You can use it to prove copyright ownership. Become eligible for getting costs of suit, attorney fees, and statutory damages in a lawsuit.
Get help from the International Trade Commission. If the logo is extremely ornate and an original artistic creation, it might qualify for both trademark and copyright. Trademarks must be renewed every 10 years if not in use, with the filing completed between the ninth and 10th year. With use, trademarks last forever.
Copyrights for individuals last 70 years after the death of the original creator. Works created for hire have a copyright life of 95 years or years from the date of publication, whichever is shorter.
Filing is usually acknowledged by the office within three months, but it may take six months to get the approval. Prices vary contingent on the whether the goods and services were already selected from the goods and services ID manual. The ID manual allows you to search the logo description, narrowing the search for possible conflicts. Entering this makes it easier for the trademark office thus is less expensive.
Filing online is less expensive than mailing the form to the USPTO, but if the less expensive forms need to be refiled for some reason, the cost can end up on par with or more expensive than the paper form.
If you use your mark in connection with more than one class of goods and services—such as both t-shirts and software—you must pay the filing fee for each class of goods and services. The fee is not returned to you if your trademark registration application is ultimately denied. In addition, there are attorney fees in conjunction with the process. So, there are fees for that. Overall, the decision whether or not to trademark your brand elements is one that is unique to your business.
When you start a branding project with Nice Branding Agency , this is something that we can discuss at the outset of the project. Skip to content. Written by Amy Dennis. February 27, Branding Tips.
Logo Trademark vs.
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