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   TURNING A REGISTERED COPYRIGHT INTO A TRADEMARK
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   Author  Topic: TURNING A REGISTERED COPYRIGHT INTO A TRADEMARK  (Read 2251 times)
RASUN
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TURNING A REGISTERED COPYRIGHT INTO A TRADEMARK
« on: Nov 27th, 2007, 2:47pm »
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Is it possible to have a logo that is already registerd as a copyright registed as a trademark later on if I am the only author or will their be legal problems since the logo is already registered as a copyright? I just thinking of copyrighting the image first until I get the money to do the trademark. Huh
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CriterionD
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Re: TURNING A REGISTERED COPYRIGHT INTO A TRADEMAR
« Reply #1 on: Nov 27th, 2007, 4:24pm »
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Copyright law and trademark law do not protect the same things.  The only concern you might have is whether the logo, even while possibly functioning as a trademark, would infringe on someone else's copyright.  Since you are the only author and I presume you have not copied the logo from someone else's work, that should not a factor here.  
 
Note that copyright and trademark protection are automatic in their own rights - registration is not required, it just has its benefits.  You can forego registering for a copyright and your logo will still be protected by copyright law.  Also, if you are using the logo in commerce so that it functions as a trademark (trademarks describe goods and services for the purpose of distinctively identifying them and their source), you will have trademark rights even without a registered trademark.  Registering the logo as a trademark would simply give the potential to more expand the scope of your trademark protection among other smaller things.
 
And a last note, if your logo is original there should be no issue in terms of copyright infringement, and you may very likely be clear of trademark infringement if using the logo as a trademark, but in itself that doesn't guarantee that you are clear in terms of trademark infringement.  For example, if a competitor was already using a similar logo in commerce as a trademark - you could infringe on that competitor's trademark rights even without infringing on their coyright rights.
« Last Edit: Nov 27th, 2007, 4:28pm by CriterionD » IP Logged

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RASUN
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Re: TURNING A REGISTERED COPYRIGHT INTO A TRADEMAR
« Reply #2 on: Nov 27th, 2007, 4:56pm »
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thanks for responding. I want to use the image but how do I prove that I'm the original author of the work if someone decides to steal it off the net or by other means. I heard of the poor mans way but was told that way is no good. I'm trying to protect the work before it is registered. Don't know if this is posible.
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DJoshEsq
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Re: TURNING A REGISTERED COPYRIGHT INTO A TRADEMAR
« Reply #3 on: Nov 27th, 2007, 8:02pm »
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File it in the U.S. Copyright Office.  If you can't afford that, then it must not be worth protecting whatsoever.
 
Trademark registration has many more benefits than described above.  It serves as federal constructive notice.  Remember that trademark registration requires actual use in commerce in association with goods or services.  You can, however, file the application as an intent to use trademark, if you haven't used it in commerce yet.
 
I seem to always give the same advice here but if it is really worth protecting -see a patent/trademark attorney.
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D. Joshua Smith, Esq.
Registered Patent Attorney
McDonald Hopkins, LLC
Cleveland, OH
216-348-5400
DJoshEsq
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Re: TURNING A REGISTERED COPYRIGHT INTO A TRADEMAR
« Reply #4 on: Nov 27th, 2007, 8:03pm »
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"Registering the logo as a trademark would simply give the potential to more expand the scope of your trademark protection among other smaller things."
 
THIS IS INCORRECT AND IS HORRIBLE ADVICE.
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D. Joshua Smith, Esq.
Registered Patent Attorney
McDonald Hopkins, LLC
Cleveland, OH
216-348-5400
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