Re: Does this need a service mark or a trademark?

Subject: Re: Re: Does this need a service mark or a trademark?

Comments:
: : I am working on a website which I plan to use to sell(well, : : attempt to sell :-) licenses for the use of digitized : : images of photographs. These would be photographs : : (mostly nature photography -- plants, flowers, etc) : : that I have taken and digitized myself. : : Now, reading through the various designations and classes at : : http://www.uspto.gov/web/offices/tac/doc/gsmanual/manual.html : : and http://www.uspto.gov/web/offices/tac/tmfaq.htm I am having trouble understanding if I need a service mark or a trademark. "Photographs" and "Photographic prints" are both goods, while the conversion of photographs into digital form, the electronic storage and delivery of photographic images, the leasing of reproduction rights to photographs, and commissioned photography are all services. : : So now, if I were merely selling photographic "prints", it would seem to me to require a trademark. If I were reselling licenses to photographs taken by others (e.g. like a stock photography house), it would clearly be a service. : : But in my case I would like the mark to apply to both : : to the digital manifestation of the photographic image itself *and* the licensing of limited rights to : : reproduce the image. : : So is this a service, a good, or both? Or is this a stupid question? : : Thanks, : : --Bob : Dear Bob, : If all it took to solve a legal problem was to be able to read, youd'd do fine. We IP lawyers won't go out of business despite you. : Watch out for copyrights. They sting! : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop (sm) : E arly L egal A dvice I s N ot E xpensive

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