Forums: Discussions for entrepreneurs and small business.

hi guys,

I have a new startup very soon and I m just wondering if I should trademark my logo or copyright my logo??

by the way, what is the different and what is the function of each??

I know that copyright is no brainer that once you created the logo it is yours. what about trademark??

thanks!

Google the topic.  You will find tons of information.

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Travis Tschepen
Hibachi Bros. LLC

--My goal in life is to be as good of a person my dog already thinks I am.--

Check out the US Patent and Trademark Office website. They do a pretty
good job explaining it all.

http://www.uspto.gov/

Generally speaking, copyrights apply to content. Trademarks apply to
things like company names, logos and taglines. You will want to
trademark your logo.

Not all logos will receive trademark registration. It may be in conflict with
something already out there. Hopefully you`ve done your homework
though. In the meantime, you can use the TM symbol with your logo until
you receive registration. Read more about it at the website above.

I wouldn`t reccommend wasting the time or money on trademarking your logo at the very start of your business.

This is something that is only useful once the business is a certain size.


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Http://www.socialdegree.com

Before you start creating a name for your business, try to find a domain name first since good domain name is hard to find.  If the domain name and the business name are the same, then make sure that you can get a trademark on the name.

hi guys,

thanks for the advice.

netuser, yes i had got my the domain name.

I do not agree that trademark rights vests as soon as a logo is created. 

Since a registered trademark almost always will increase the value of the business and the price that people are willing to pay for the goods/services, there are very very few reasons not to register the trademark.

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James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com

hmm...interesting.

now i have a new set of question, why on earth do we need to trademark our logo then??

i mean, i believe there must be a good reason all the people spend such amount on the trademark.

anyone want to share??

you register the mark to give you a remedy if/when somebody copies it - and hopefully to prevent somebody else from using it.

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James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com