Hello, I would like to get some help navigating the Trademark world. I have
visited the site, it can be a little overwhelming to find the right
information, and make sense of it. Like many artist's I am a starving artist.
If I can find someone who can help me navigate to the correct information
that would be wonderful. I don't have the funds to pay a trademark lawyer,
and there are scammers looking for uninformed people like me. If there is
anyone or even a group of people who would be willing to help me that would
be great. I have many original pieces of artwork that I want to use, but want
to do it right so I do not have to keep filling new applications because the
other applications were incorrect, and at $350 a pop for a application, I
don't have money to burn.
Thanks
Jerry
I agree with KMurray that you probably need a copyright, not a trademark. You
trademark your business logo or unique name, not individual pieces of art. If
you do need a trademark, start with your state. Trademarks can be registered
at the state, federal and international levels.
If you need a copyright, the law is quite clear that a work of art is
automatically copyrighted when it is created. However, you may want to keep
records, such as photos with dates, so you can prove date of creation.
angelknight | Window Shopper |
10/3/2012 - 1:15 am
Show Replied Text…
I agree with KMurray that you probably need a copyright, not a trademark. You trademark your business logo or unique name, not individual pieces of art. If you do need a trademark, start with your state. Trademarks can be registered at the state, federal and international levels.
If you need a copyright, the law is quite clear that a work of art is automatically copyrighted when it is created. However, you may want to keep records, such as photos with dates, so you can prove date of creation.
Thanks for your reply.
I guess I should have specified trademark only. Yes I am aware of the
copyright protection information. I do want to "Trademark" my business name.
I want to try and sell online of course, and not sure about what kind of
trademark I need. I want a "trademark" because I belive name recognition is
important to protect. I dont want to start without a "Trademark" because I
have heard of people getting a Trademark with someone elses idea because of
the marketability of that name, the originator of the idea did not have a
"Trademark", so it was basically stolen, and they had to pay the person who
paid for the Trademark name usage, bascially had the idea stolen, and someone
else reaped the benefits. I really don't want that to happen to me. Any other
help you could provide would be wonderful.
So I guess I will need to get federal coverage? I want to be able to use the
name but change it as the business grows or change the part of the name if I
change products or type of business, such as the use "Graphics or Graffix" or
"Inc" in the name. My understanding was that I need a Trademark for each use,
is that correct?
It seemed like not everyones trademark get approved, because of application
mistakes.
Well thanks again.
BizResearcher | Window Shopper |
10/3/2012 - 11:39 am
Show Replied Text…
Thanks for your reply.
I guess I should have specified trademark only. Yes I am aware of the copyright protection information. I do want to "Trademark" my business name. I want to try and sell online of course, and not sure about what kind of trademark I need. I want a "trademark" because I belive name recognition is important to protect. I dont want to start without a "Trademark" because I have heard of people getting a Trademark with someone elses idea because of the marketability of that name, the originator of the idea did not have a "Trademark", so it was basically stolen, and they had to pay the person who paid for the Trademark name usage, bascially had the idea stolen, and someone else reaped the benefits. I really don't want that to happen to me. Any other help you could provide would be wonderful.
So I guess I will need to get federal coverage? I want to be able to use the name but change it as the business grows or change the part of the name if I change products or type of business, such as the use "Graphics or Graffix" or "Inc" in the name. My understanding was that I need a Trademark for each use, is that correct?
It seemed like not everyones trademark get approved, because of application mistakes.
Well thanks again.
To trademark the name nationally, you need to do it through the U.S. Patent
and Trademark office and that can be spendy. Every time you change the name,
you will need to file for a new trademark. Be sure, once you secure a
trademark, that you use the trademark symbol whenever your business name
appears in print. If you don't, you may find yourself defending your TM
against those who try to use it. The Registered symbol gives notice that you
have sole use of the name.
kmurray | Community Moderator |
10/2/2012 - 10:57 am
Hi Jerry, Check out this blog post for information about trademarks, etc. It should help clarify the details and offers some information about other resources to explore. I believe you'd be looking into obtaining a copyright, which protects works of authorship, such as writings, music, and works of art that have been tangibly expressed. You can visit the US Copyright Office online here. Good luck!
angelknight | Window Shopper |
10/3/2012 - 1:19 am
Show Replied Text…
Hi Jerry, Check out this blog post for information about trademarks, etc. It should help clarify the details and offers some information about other resources to explore. I believe you'd be looking into obtaining a copyright, which protects works of authorship, such as writings, music, and works of art that have been tangibly expressed. You can visit the US Copyright Office online here. Good luck!
Thank you so much. Copyright I was already aware of, thanks. I really don't
want my Trade name stolen, so I need all the help I can get in regards to
"Trademarks". I will keep looking and getting informed so I can protect
myself. Thanks again.
BizResearcher | Window Shopper | 10/2/2012 - 12:47 pm
trademark your business logo or unique name, not individual pieces of art. If
you do need a trademark, start with your state. Trademarks can be registered
at the state, federal and international levels.
If you need a copyright, the law is quite clear that a work of art is
automatically copyrighted when it is created. However, you may want to keep
records, such as photos with dates, so you can prove date of creation.
angelknight | Window Shopper | 10/3/2012 - 1:15 am
I guess I should have specified trademark only. Yes I am aware of the
copyright protection information. I do want to "Trademark" my business name.
I want to try and sell online of course, and not sure about what kind of
trademark I need. I want a "trademark" because I belive name recognition is
important to protect. I dont want to start without a "Trademark" because I
have heard of people getting a Trademark with someone elses idea because of
the marketability of that name, the originator of the idea did not have a
"Trademark", so it was basically stolen, and they had to pay the person who
paid for the Trademark name usage, bascially had the idea stolen, and someone
else reaped the benefits. I really don't want that to happen to me. Any other
help you could provide would be wonderful.
So I guess I will need to get federal coverage? I want to be able to use the
name but change it as the business grows or change the part of the name if I
change products or type of business, such as the use "Graphics or Graffix" or
"Inc" in the name. My understanding was that I need a Trademark for each use,
is that correct?
It seemed like not everyones trademark get approved, because of application
mistakes.
Well thanks again.
BizResearcher | Window Shopper | 10/3/2012 - 11:39 am
and Trademark office and that can be spendy. Every time you change the name,
you will need to file for a new trademark. Be sure, once you secure a
trademark, that you use the trademark symbol whenever your business name
appears in print. If you don't, you may find yourself defending your TM
against those who try to use it. The Registered symbol gives notice that you
have sole use of the name.
kmurray | Community Moderator | 10/2/2012 - 10:57 am
angelknight | Window Shopper | 10/3/2012 - 1:19 am
want my Trade name stolen, so I need all the help I can get in regards to
"Trademarks". I will keep looking and getting informed so I can protect
myself. Thanks again.
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