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View Full Version : Register a trademark in the U.S./copyright


Jude3085
02-23-2004, 12:39 PM
hey,

i'm not sure if this is the right forum, but had trouble with this question.

does anyone know how and what website i can go to to register my website logo as a trademark. I search several websites but was having difficulty w/it.

Thanks-

malcore
02-23-2004, 12:52 PM
TM FAQs (http://www.uspto.gov/web/offices/tac/tmfaq.htm)

and

TEAS (http://www.uspto.gov/teas/index.html)

deddard
02-24-2004, 06:46 AM
One of the first things to do with something you wish to trademark is to assign proof of COPYRIGHT first of all.
Trade marks need to be registered and paid for, and in some cases can only last a limited time; Big companies like eating this stuff for breakfast, and if one decided to steal a trademark, there is a lot of messing around in courts trying to prove ownership.
Copyright is different. It is simple, and effective, and should be a first port of call for anyone who wants to assert intellectual property ownership.

One of the simplest ways to do this is to make a copy of whatever it is you want to claim ownership to (for example a company logo) on paper, and send it to YOURSELF through the postal system, using a system which has tracking facilities. In the UK, this could be something like registered mail or recorded delivery - both of these can be tracked through the postal system, and of course, each has a date stamp on the package.
You could use something like FedEx if you wish.
The important thing is to ensure that the sender and recipient (both yourself) are clearly marked on the outside of the package, and especially that the franking (the date the postal service places on the package) is legible.
The next important thing is NEVER OPEN THE PACKAGE once you have received it!!

By having a sealed package with your copyrighted material inside, you are then in a position to assert copyright if ever needed.
You can leave the package with a lawyer if you wish, but it must be kept safe and easy to find.
If you ever need to assert copyright, take the package to a lawyer to be opened, where they can confirm that the material is as you say it is, and that the date is correct - if possible, contact the postal/courier service and obtain the tracking details.
Copyright laws are fairly simple. In the UK, every piece of original work is assigned copyright to the owner for their lives plus 70 years.

Jude3085
02-24-2004, 10:48 AM
which one you think i'm better off with a copyright? or a Registered trade mark?

thanks for your info.

pentachris
02-24-2004, 12:32 PM
Searching around (http://www.google.com/search?q=trademark+copyright+difference&ie=UTF-8&oe=UTF-8&hl=xx-bork) leads me to believe that a trademark would be more appropriate.

deddard
02-25-2004, 09:42 AM
Sorry for any confusion - yes, get the trademark.
You automatically have the copyright to your material, the suggestion I made is just to ensure that no-one can ever say otherwise.
Asserting copyright is something that should be done straight away, and this will help protect you whilst you apply for trademark registration.
It also acts as a belts and braces approach to asserting your ownership of your web design