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How to Trademark & Copyright a Logo or Name

Started by Shades, October 18, 2021, 11:19:23 AM

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Do you need to register a trademark and copyright for your logo or brand name?

You certainly don't have to register the copyright and trademark your company's name or logo. In the United States, you own the copyright as soon as you put original work on a piece of paper or computer drive, and you win a trademark as soon as you use your name and logo for marketing your business.

However, taking the extra step of registering both can give you important protection. Registering the trademark protects you from losing your rights to it if some other company uses the same or a highly similar name. By registering your trademark name, you're declaring exclusive rights to it for your line of business.

Why are trademark and copyright so important?

Once you create a website, you should register your business name and make your logo. At that time you can pursue copyright and trademark registration because that will protect your name and logo from infringement. It's important to secure the rights to your intellectual property and ensure that no other company steals your idea and logo design, which is the primary idea behind copyright and trademark.

How to copyright a logo

Now that you've chosen your brand name and created a logo for the brand, you need to ensure that your assets are protected. Many people will infringe on the intellectual and creative property without even flinching.

Regardless of the industry, you're in or the size of your business, make sure to copyright your logo. However, bear in mind that copyright doesn't protect your brand name, titles, or slogan.

  • Go to the online registration website and fill out the form for copyright. If your business is located in the United States, go to the official website of the United States Copyright Office to e-file your copyright application. You can also submit your application in a paper form. However, applying for your copyright registration online is not only more convenient for you, it is also faster. It will take up to eight months for an online application to be processed, while processing time for paper forms can be up to 13 months.
  • hen you arrive at the United States Copyright Office website, click on the eCO Online Registration button. This will lead you to a Form CO, which you need to fill out. The form will require your personal information, along with the name of the owner and creator, as well as the nature of the copyright documentation. For the copyright of a logo, you need to present a graphic representation of your logo.
  • Next, you'll need to upload your logo file and pay the registration fee of $35 with a credit or debit card, electronic check, or your deposit account with the United States Copyright Office. You will then receive a confirmation about your copyright registration, which will have a pending status for approval. As already mentioned, your copyright will be in effect as of the exact date you submit your application, not the date of approval.

How to trademark a logo or a name

Before trademarking your name or logo, you need to conduct a trademark search to make sure that no one else is already using a similar one. You can do so with the help of a tool called Trademark Electronic Search System (TESS), which you can find on the official website of the United States Patent and Trademark Office.

Conducting a trademark search through the TESS Database is of crucial importance because it can identify potential conflicts with an existing trademark of another company or a trademark for which approval is pending.

This step is also important because you'll save money you would spend applying for a registration that may not be approved if it's too similar to an existing trademark.

Once you have conducted your trademark search, you need to file a trademark application through the Trademark Electronic Application System (TEAS). You'll be presented with a form to fill out—after you decide which application is right for you.

You can choose one of three different application forms: TEAS Plus, TEAS Reduced, or TEAS Regular.

If you choose the "intent-to-use basis" (ITU) in your application, you will also need to pay an additional filing fee of $50 for at least one class of products or services.

After the submission of your registration, you'll receive an email confirmation. Approximately three months after you submitted your application, it will be reviewed by an attorney who will determine whether or not your application meets all of the legal requirements necessary for trademark approval.

It is important to monitor your application's progress every 3-4 months. You can do so through the Trademark Status & Document Retrieval (TSDR).


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