2D and 3D Question - Part two! :o)

[Craigster]

I hope you're OK.  

My dream is that people who make things [like cars and running shoes] and do things [like play sports - think NBA, etc.] will want to buy the 'right' to use my 'logo' [And the message that goes along with it] to use on their products and/or near their 'logo'. Since I do not plan on actually making anything myself - only offering the 'rights' to use my 'logo' - do I need to categorize what the 'logo' will be used for [Wares or services wise] when applying for 'registration'?

If that made sense - good!!  Maybe you can explain it to me then!! haha j/k

On second thought - should I 'categorize' just in case I change my mind about not making things?

Thanks, Craig!!

 

[JSonnabend]

Without use, you have no trademark rights and therefore nothing to register (in the trademark context).

You can claim use solely through a licensee's use, but you would need to find a licensee willing to agree to quality control by you in licensing the mark.  I can't imagine anyone would do that simply to use your logo.

Perhaps you are operating under the mistaken idea that one obtains a trademark through registration, much like one obtains a domain?  If so, you are wrong.

- Jeff

[Craigster]

I'm still crawling my way through all of this.

CHANGE OF PLANS!

It's the LOGO [And what it will represent] that I want to 'sell'. It's a message that I hope will be embraced by many. I don't really CARE how that message gets across. That said... I have decided to start off spreading the message [Represented by the logo] by selling T-Shirt and ball-caps with the LOGO on it. But I certainly don't want to be limited to selling just those two items. I hope it will end up on jackets and socks and blankets and flags and stickers and balloons and posters and buttons and lunch-buckets and beach towels and pajamas and skateboards and greeting cards and plastic cards and all sorts of different things.

How would I express that desire to a trademark registrar insofar as wares and services are concerned?

Thanks,
Craig!! 

[artchain]

I trademark is an identifier for a brand or source of goods or services.

It seems that you are creating a unique graphic that you will sell on a range of goods.  In a sense, the mark itself is what you are selling.

Perhaps you'd be better off looking at copyright protection.

[JSonnabend]

The use of phrases and/or logos on clothing items presents a difficult situation.  In some instances, the use of phrases and/or logos are merely "ornamental" and therefore do not function as trademarks.  In other instances, it can be shown that the phrase and/or logo acts as a trademark and is protectable as such.

- Jeff

[Yak]

The use of phrases and/or logos on clothing items presents a difficult situation.  In some instances, the use of phrases and/or logos are merely "ornamental" and therefore do not function as trademarks.  In other instances, it can be shown that the phrase and/or logo acts as a trademark and is protectable as such.

- Jeff

This is quite common and very often the mark is refused on this basis.  Be aware of how you present the slogan/logo. 

[Craigster]

Thank you.

I haven't given up on the idea of registering my logo as a trademark......

But what IF I did officially copyright the logo and the message - would THAT stop someone from using it - as a trademark or anything else? I don't want MY logo [And the message that goes along with it] to it to be used by anyone else - for any reason - without MY permission.

 

[OMG IP]

Thank you.

I haven't given up on the idea of registering my logo as a trademark......

But what IF I did officially copyright the logo and the message - would THAT stop someone from using it - as a trademark or anything else? I don't want MY logo [And the message that goes along with it] to it to be used by anyone else - for any reason - without MY permission.

 

what do you mean "officially" copyright?  Expression of an original idea, reduced to a tangible medium, provides automatic copyright protection.  The author's work may be registered with the Library of Congress.  Is that what you're referring to?

[Craigster]

what do you mean "officially" copyright?  Expression of an original idea, reduced to a tangible medium, provides automatic copyright protection.  The author's work may be registered with the Library of Congress.  Is that what you're referring to?

Hello! 

I'm Canadian. And just as it is in the U.S. - a copyright exists automatically when an original work is created. But one can obtain a 'certificate of copyright registration' that can be used as evidence that what you have created is indeed copyrighted AND belongs to YOU.

If my logo can not be 'trademarked' - but is covered by a 'copyright' - I will definitely obtain a 'certificate of copyright registration'.  I plan on protecting my logo in the U.S. - TOO!  Thanks, Craig

[JSonnabend]

Craigster, before you go planning your retirement on the profits your licensing plan is going to reap, be advised of the following.  While you can protect the artwork of your logo via copyright, copyright does not protect short phrases.  Therefore, your "message" is not protectable beyond the artwork of your actual logo.  In other words, you won't be able to stop anyone from using your special "message".

Good luck to you, though.  Please do report back when you've licensed your first licensee.

- Jeff

[OMG IP]

what do you mean "officially" copyright?  Expression of an original idea, reduced to a tangible medium, provides automatic copyright protection.  The author's work may be registered with the Library of Congress.  Is that what you're referring to?

Hello! 

I'm Canadian. And just as it is in the U.S. - a copyright exists automatically when an original work is created. But one can obtain a 'certificate of copyright registration' that can be used as evidence that what you have created is indeed copyrighted AND belongs to YOU.

If my logo can not be 'trademarked' - but is covered by a 'copyright' - I will definitely obtain a 'certificate of copyright registration'.  I plan on protecting my logo in the U.S. - TOO! Thanks, Craig

Hhhm, well, whatever "cerficate" you end up getting for registration doesn't make your copyright any more or less "official".  I was just confused by your choice of word.  I'm sure you know what you mean.

[Craigster]

Hhhm, well, whatever "cerficate" you end up getting for registration doesn't make your copyright any more or less "official".  I was just confused by your choice of word.  I'm sure you know what you mean.

Hello! 

I do know what you mean.

From the Canadian Intellectual Property Office website!

"Although copyright in a work exists automatically when an original work is created, a certificate of registration is evidence that your creation is protected by copyright and that you, the person registered, are the owner. It can be used in court as evidence of ownership."

It's like being in love and not telling anyone. You're love is no more 'real' the moment you tell someone - but then it becomes 'official'. lol