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Thread: Registering A Trademark?

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    Registering A Trademark?

    Can anyone help me out? I have created a logo for a client and know she want's me to trademark it or have it copyright it, that way none else can use it. Anyways, can anyone point me to the right direction on how to get this started? And what are the fees to get it trademark or have it copyright it. Thanks in advance.

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    Chaos silverx2's Avatar
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    you can do the poormans trademark and print it out, then mail it to yourself and keep it sealed.
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    poet and narcisist argonauta's Avatar
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    my guess is that if you want to do it right, you'll need a lawyer.
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  4. #4
    Domo Arigato! Ultima Designs's Avatar
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    Yeah, you should do a trademark with a lawyer, and it's extremely costly. Our attorney advised us (although they are a rather expensive and renowned firm) that it costs around $2,000 to do trademark registration right - a company looks for all of the registered trademarks that are similar, prepares a huge report, the law firm files the trademark for you, etc.

    You can claim trademark priveleges and get trademark protection just by placing the (TM) symbol after an item. The protection is not as extensive as registering it, but because of the costs and difficulty of registering a trademark, it is normally only big companies that actually take the time and cost to do so. The TM symbol indicates a non-registered trademark; a registered trademark uses the (R) symbol.
    I really enjoy forgetting. When I first come to a place, I notice all the little details. I notice the way the sky looks. The color of white paper. The way people walk. Doorknobs. Everything. Then I get used to the place and I don't notice those things anymore. So only by forgetting can I see the place again as it really is.

  5. #5
    He has risen! lefteyewilly's Avatar
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    Quote Originally Posted by silverx2
    you can do the poormans trademark and print it out, then mail it to yourself and keep it sealed.
    I did this when my band released our CD...didn't have the money or time to copywrite it.

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    G-Mace cougrhky20's Avatar
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    or you can go to www.mycorporation.com and they'll help you do it for around $200. That site has helped me out a lot.

  7. #7
    Domo Arigato! Ultima Designs's Avatar
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    The poorman's trademark is a myth...it is not legally valid by any means. It relies on the assumption that being the first to invent something gives a person rights. In the U.S., being the first to invent something creates rights only if you file for a patent. And you can't patent a logo. You patent something if it is a unique way of doing something.

    Like I said though, there's really no necessity to register the trademark for the logo. You get plenty of protection simply by putting TM after the logo, and it is free.

    If you're not sure of the laws, though, you should in the end obtain professional legal advice.
    Last edited by Ultima Designs; 08-18-2005 at 03:10 PM.
    I really enjoy forgetting. When I first come to a place, I notice all the little details. I notice the way the sky looks. The color of white paper. The way people walk. Doorknobs. Everything. Then I get used to the place and I don't notice those things anymore. So only by forgetting can I see the place again as it really is.

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    The protection is not as extensive as registering it, but because of the costs and difficulty of registering a trademark, it is normally only big companies that actually take the time and cost to do so.
    So, we don't really need to have the logo treadmark unless it's a really big name company? The client that I'm working for is really my lil sister. And she's just starting her own cleaning business and had asked me to handle all the design stuff. So, should I tell that it's not really important to have her logo tradmark, since it's just local small cleaning company?

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    Retired SCORM Guru PAlexC's Avatar
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    I wouldn't worry about it. It certainly wouldn't hurt anything, but it might not be worth the effort/cost right now.
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  10. #10
    Domo Arigato! Ultima Designs's Avatar
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    And like I said, just using the TM after the logo affords you plenty of protection.
    I really enjoy forgetting. When I first come to a place, I notice all the little details. I notice the way the sky looks. The color of white paper. The way people walk. Doorknobs. Everything. Then I get used to the place and I don't notice those things anymore. So only by forgetting can I see the place again as it really is.

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    And like I said, just using the TM after the logo affords you plenty of protection.
    So, you what you are saying is just add the TM on everything that the logo will appear on. Without fileing for the TM?
    Sorry, if it sound stupid still kind of new to this trademark stuff. And thanks for helping me out.

  12. #12
    Chaos silverx2's Avatar
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    off topic
    anyone else suprised that this thread hasnt gotten hijacked yet?
    back on topic but the poor mans trademark could work with a type of song, say i write i song and send it out. a few years later people are using it and im not being compensated for something i have the intelectual rights to. i can suie them and the day of court rip the envelope that is postmarked and play the song. it would clearly show that i had written teh song well before they had stolen it from me, and id win correct?
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  13. #13
    junior master chef j_hunter182's Avatar
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    Copyright's don't cost anything. You just need proof, and as silverx2 said, mailing yourself whatever it is is a good idea because the post mark is valid for that sort of thing.

  14. #14
    Domo Arigato! Ultima Designs's Avatar
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    But you don't use a copyright for a logo, you use a trademark. Copyrights protect creative expression, trademarks protect a brand for service.

    To Maria:

    Just simply put a little TM next to the logo as you see fit. See how this company did it here:

    I really enjoy forgetting. When I first come to a place, I notice all the little details. I notice the way the sky looks. The color of white paper. The way people walk. Doorknobs. Everything. Then I get used to the place and I don't notice those things anymore. So only by forgetting can I see the place again as it really is.

  15. #15
    junior master chef j_hunter182's Avatar
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    So would it be illegal to use "TM" even if it's not a valid Trademark? Because I'm sure if anyone saw the "TM" they'd be put off using it illegally.

  16. #16
    Domo Arigato! Ultima Designs's Avatar
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    Quote Originally Posted by j_hunter182
    So would it be illegal to use "TM" even if it's not a valid Trademark? Because I'm sure if anyone saw the "TM" they'd be put off using it illegally.
    Que?
    I really enjoy forgetting. When I first come to a place, I notice all the little details. I notice the way the sky looks. The color of white paper. The way people walk. Doorknobs. Everything. Then I get used to the place and I don't notice those things anymore. So only by forgetting can I see the place again as it really is.

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    So would it be illegal to use "TM" even if it's not a valid Trademark? Because I'm sure if anyone saw the "TM" they'd be put off using it illegally.
    That's what I'm wondering too. And I was also thinking of just using just like the picture you posted but didn't know if it was legal to that or not. Even thought I didn't file the papers...

  18. #18
    Domo Arigato! Ultima Designs's Avatar
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    Quote Originally Posted by Maria.H
    And I was also thinking of just using just like the picture you posted but didn't know if it was legal to that or not.
    That's what I'm saying. You can legally use the TM symbol for any brand for service you create and be afforded limited trademark protection. The TM symbol is used to protect items that you created but choose not to register. A registered trademark has a different symbol (®). If you want limited trademark protection without registration, you use the TM symbol just like the picture I posted. That tells the world that it is your intellectual property, your logo. This is absolutely legal, and it is why there is a TM symbol and a ® symbol.

    See, in the USA, any time you create a brand for service, you are automatically afforded trademark rights - it is your intellectual property, after all. In order to claim these rights and make them known, you just simply add the TM symbol.
    I really enjoy forgetting. When I first come to a place, I notice all the little details. I notice the way the sky looks. The color of white paper. The way people walk. Doorknobs. Everything. Then I get used to the place and I don't notice those things anymore. So only by forgetting can I see the place again as it really is.

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    Ok, now I get it. I will just do that then. Again thanks for helping me out and explaing the whole trademark thing. Know any good books on trademark? That way I can learn a bit more. Thanks again.

  20. #20
    Domo Arigato! Ultima Designs's Avatar
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    Absolutely, not a problem. I didn't know any more about it than you did until we met with our attorney and I jotted down what he said. I'm just sharing the wisdom of a legal expert.
    I really enjoy forgetting. When I first come to a place, I notice all the little details. I notice the way the sky looks. The color of white paper. The way people walk. Doorknobs. Everything. Then I get used to the place and I don't notice those things anymore. So only by forgetting can I see the place again as it really is.

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