How do I go about getting something trademarked and copyrighted
- Thread starter holden j caufield
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dullard
Elite Member
- May 21, 2001
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For a trademark, start here. It is a long process. You apply for smallish fee(s), ($100 here and $100 there) and wait. And wait. Other companies get a chance to deny your trademark by claiming it is too close to their trademark. If no one objects, it is yours to trademark. Search first and you can avoid the fee and the long wait if you happen to find anything resembling your idea.
Generally, you use the trademark symbol, ™, when you don't yet have a trademark but you are applying for one. You use the registered trademark symbol, ®, when you actually have completed with the whole registered process. So essentially ™ is meaningless and anyone might be able to copy you while­ ® has strong meaning.
A copyright is different. You essentially get a copyright by publishing anything. That is all there is to it. If you want an official copyright, you have to pay a small fee and submit what you want copyrighted. In most cases, you'll just find that you have superficially copied someone somewhere and now you can't copyright what you had created. So, many people chose not to submit the fee and risk being denied.
Generally, you use the trademark symbol, ™, when you don't yet have a trademark but you are applying for one. You use the registered trademark symbol, ®, when you actually have completed with the whole registered process. So essentially ™ is meaningless and anyone might be able to copy you while­ ® has strong meaning.
A copyright is different. You essentially get a copyright by publishing anything. That is all there is to it. If you want an official copyright, you have to pay a small fee and submit what you want copyrighted. In most cases, you'll just find that you have superficially copied someone somewhere and now you can't copyright what you had created. So, many people chose not to submit the fee and risk being denied.
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Cool... learned something new, I've always wondered about that but never took the step to edumacate myself bout it. Thanks
ok thanks for the info guys
I searched http://tess2.uspto.gov/
and nobody has claimed it. It appears to only search live/dead trademarks, where do I search pending ones?
I searched http://tess2.uspto.gov/
and nobody has claimed it. It appears to only search live/dead trademarks, where do I search pending ones?
A mark needs to be used in trade before it can be registered. Here is the timeline:
Trademark designs may be similar to other trademark designs in your business category and already in use only if the area of your business does not overlap the area of business for the other design. A local business in one region may have a similar design to a business local in another region. An example of this would be a dry cleaners (laundromat).
Copyrights are for original creative works such as written compositions, artwork, music, and such.
Intellectual property needs to be enforced by the owner. This means that you can claim ownership but will have to enforce this claim yourself.
- Consider ideas for a design.
- Search through marks in use or registered in your business category that may be similar to your intended design.
- Create the design.
- Use your design as a mark in trade/business.
- Apply for trademark registration on your design.
Trademark designs may be similar to other trademark designs in your business category and already in use only if the area of your business does not overlap the area of business for the other design. A local business in one region may have a similar design to a business local in another region. An example of this would be a dry cleaners (laundromat).
Copyrights are for original creative works such as written compositions, artwork, music, and such.
Intellectual property needs to be enforced by the owner. This means that you can claim ownership but will have to enforce this claim yourself.
daw123
Platinum Member
- Aug 30, 2008
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I don't understand - why does Intel have so many trademarks registered for the same logo (e.g. Intel Inside logo)?
http://tess2.uspto.gov/bin/gate.exe?f=brws_img&state=4003%3Amigju3.6.101
Edit: I noticed that a lot of them are indicated as 'dead'. How long do trademarks last - do you need to re-register them annually?
http://tess2.uspto.gov/bin/gate.exe?f=brws_img&state=4003%3Amigju3.6.101
Edit: I noticed that a lot of them are indicated as 'dead'. How long do trademarks last - do you need to re-register them annually?
LaBella
Member
In Canada (probably also in USA), anyone who creates a written work or piece or art / design automatically has the right to control its use and distribution - in other workds, the creator has an automatic copyright. However, establishing who was the creator and when that was done legally can be troublesome. That's what the fee thing is for. You can take a copy of your creation to a government office and deposit it with them for a fee, receiving in return a document showing the exact date and time the copyright was registered. That still does not settle who was the creator, it only establishes a time at which that particular version of the work existed.
Trademarks are different. They are words and / or designs that are used as unique identifiers in commercial trade. As such they must be sufficiently different from any existing trademark that they cannot cause a consumer to be confused about the items' identity. But this also take into account the field of use. Suppose you trademarked the name "Shuv-El" (I know its bad!) for a device you could temporarily fasten on the front of your car to push a friend's stalled vehicle. Then someone wants to trademark "Shuv-Ul" for some new design of a garden spade that claims to reduce back strain. Sure the names are extremely similar, but nobody would confuse the two devices because of their vastly different designs, markets and uses, so it's possible both could be trademarked. But because of the somewhat "fuzzy" ways Trademarks can be used, and because they are important in generating income, a central (read, government-operated) registry of Trademarks is necessary so they can be searched and compared.
chusteczka raised a good point: these are matters of civil law, and enforcement (including detection of possible violations of rights) is entirely up to the holder of the rights. There are no Trademark Police or courts to do it for you.
Trademarks are different. They are words and / or designs that are used as unique identifiers in commercial trade. As such they must be sufficiently different from any existing trademark that they cannot cause a consumer to be confused about the items' identity. But this also take into account the field of use. Suppose you trademarked the name "Shuv-El" (I know its bad!) for a device you could temporarily fasten on the front of your car to push a friend's stalled vehicle. Then someone wants to trademark "Shuv-Ul" for some new design of a garden spade that claims to reduce back strain. Sure the names are extremely similar, but nobody would confuse the two devices because of their vastly different designs, markets and uses, so it's possible both could be trademarked. But because of the somewhat "fuzzy" ways Trademarks can be used, and because they are important in generating income, a central (read, government-operated) registry of Trademarks is necessary so they can be searched and compared.
chusteczka raised a good point: these are matters of civil law, and enforcement (including detection of possible violations of rights) is entirely up to the holder of the rights. There are no Trademark Police or courts to do it for you.
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