Rampart Posted March 25, 2013 Share Posted March 25, 2013 Does anyone know or have any experience with trademarking a logo. What do I need to do legally in order to place the "TM" next to my logo? Link to comment Share on other sites More sharing options...
JPDesign Posted March 26, 2013 Share Posted March 26, 2013 STEP 1: Determine whether you need trademark, patent, or copyright protection.STEP 2: Determine whether you should hire a trademark attorney. STEP 3: Identify your mark format: a standard character mark, a stylized/design mark, or a sound mark.STEP 4: Identify clearly the precise goods and/or services to which the mark will apply.STEP 5: Search the USPTO database to determine whether anyone is already claiming trademark rights in a particular mark through a federal registration. STEP 6: Identify the proper "basis" for filing a trademark application.STEP 7: File the application online through the Trademark Electronic Application System. http://www.uspto.gov/trademarks/process/index.jsp Link to comment Share on other sites More sharing options...
creativelysain Posted March 26, 2013 Share Posted March 26, 2013 Or you could just put the TM there and trademark it yourself. Link to comment Share on other sites More sharing options...
JPDesign Posted March 26, 2013 Share Posted March 26, 2013 You can put the TM there...but it effectively does nothing. If someone else took your logo, and trademarked it they could sue you for using their logo. Link to comment Share on other sites More sharing options...
BBTV Posted March 27, 2013 Share Posted March 27, 2013 Correct me if I'm wrong, but wouldn't a trademark be for a logo used to represent a commercial company - hence the name - a "trade mark" - a mark that represents or distinguishes a company that engages in some kind of trade? So you wouldn't "trademark" a design or logo or concept or anything that you created for your personal use, right? That would just fall under copyright.I have absolutely no education in any of this, so that's just what I've always assumed - if I'm off base, I'd welcome being corrected. Link to comment Share on other sites More sharing options...
JPDesign Posted March 27, 2013 Share Posted March 27, 2013 Correct. You only need to trademark a logo if it is representing a good or service that you want to protect from being copied. For example, the "Tide Pods" logo is trademarked so that nobody else can use that logo/name to try and benefit from association with that brand.A personal design/logo can be protected under copyright law. Unless you are mass-producing goods that will be distributed, likely you don't need a trademark. Link to comment Share on other sites More sharing options...
aawagner011 Posted March 27, 2013 Share Posted March 27, 2013 Going off of this, I believe he will automatically acquire copyright protection without having to take any action to obtain the protection. It is my understanding that the protection is obtained upon creation of the work. At least this is how I remember it from my legal studies course. Link to comment Share on other sites More sharing options...
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