Trademark?

[GIGART]

Has anyone here ever registered to trademark an image?
Anyone have any insight...on how easy/hard/expensive...etc...

I am starting by checking into it here:

http://www.uspto.gov/web/trademarks/workflow/start.htm

Just thought if someone has done it before, how difficult or expensive it is...
Did you have a lawyer do it, or do it yourself...etc....

Thanks for any info...

[bdix]

You can do it yourself. I think it's still $350. But you want to trademark an image? Or do you just want to copyright it? Like, is the image the branding for a company?

[GIGART]

I have an image that I plan to use on many items...it is not a logo or brand for a company...just an image...so I think a trademark is what I want...from what I have read...

[GIGART]

...or maybe copyright...I gotta look more into it....

[bdix]

I think what you really want is a mango smoothie Greg. 'Cause they're tasty. :P

Basically, a copyright is for original works, the "how it looks" protection.

Trademark is for a word, symbol, name, etc indicating the source of whatever it is you're selling.

So, if you just want to protect an image you only need a copyright, which I believe is already assumed to be owned by you according to law without you even filing for it (don't hold me by this though). You will have to "officially" file for a copyright if you ever have to take legal actions, but in the meantime make a copy of the image and send it to yourself via registered mail (so there will be an offical date on it) and do not open it.

Now, if you wanted to take that image and make it the "mark" for your creative company, then you'd want a trademark.

[piemel]

"A trademark can be defined as a symbol, word of phrase (or combination of these things), which is used to identify or distinguish a product or service. Trademarks which are used in connection with a product are generally referred to simply as trademarks, while trademarks which are used in connection with a service are sometimes called "Service Marks." Trademarks are also sometimes used to certify quality or approval, such as the mark of the better business bureau or the good housekeeping seal of approval, in which case they are called "certification marks."

"TM" is the symbol for a trademark and is used to designate that a mark is being used as a trademark. The symbol â simply means that the owner of the mark has filed and has been granted federal registration for the mark, on a federal register which is kept by the patent office of the Unites States Government.

Many people apply for federal registration because it gives them a record that they were the first users of the mark. It also gives other people who might wish to use the mark notice that it is already being used. In addition, there are advantages to federally registering a mark, if the owner ever has to take legal action against someone who is infringing the owners rights to use the mark exclusively. For example, the owner of a federally registered mark may be entitled to a reimbursement of attorneys fees, and may be able to recover the profits which the infringer made by trading off of, or doing business under the mark.

The manufacturers or businesses which use a mark often find that the mark becomes a symbol of the uniqueness, quality, or prestige of their goods and services, as opposed to those of someone else. They therefore want to protect against others who might wish to employ the mark and trade off of the good will associated with it.

The law recognizes that trading off of someone else's mark is an unfair form of business competition. It is "unfair," because someone who did not develop the mark should not be able to monopolize on the good will that is associated with it. As it is sometimes put, one should not be able to reap where one has not sown. Thus the use of another's mark may be unlawful.

The law also recognizes that if a mark could be used by more than one person for goods or services, the mark would not adequately distinguish from which of the two users of the mark the goods and services marketed under it were derived. One reason the law permits only one person to utilize the mark is based on the policy that the public should not be confused in this way as to the product's or service's source."

[piemel]

"Registering your original work with the Office of Copyright is not required for intellectual property to be protected by copyright.¹

Names, titles, slogans and short phrases are not protected by copyright law but may be protected under trademark, tradename or slogan mark laws.

¹While registering for copyright is not required, the legal registration with the Office of Copyright will benefit the copyright owner should an issue of infringement occur. Registering copyright is beneficial because you cannot sue for copyright infringement without registration. "

[piemel]

http://www.rightsforartists.com/faqs.html

[bdix]

See, this lawyerin' shit is easy.

I'm switching careers tomorrow.

all I'm really going to do is start adding "esquire" to the end of my name (maybe "esquizzle" to retain my street status.

[JayJaySerious]

"esquizzle"

That's funny, yo.