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I am beginning to do quite well with commissions for my artwork and requests for hand made cards, with interest from a couple of shops, not just friends. I want to set up my own little company doing this and am not sure how do go about making sure the name I use is not being used elsewhere in a similar field and, more importantly, how I go about copyrighting my card designs (and checking my idea hasn't already been done)? Any and all sensible advice very very welcome. Thanks!

2006-10-30 03:06:46 · 5 answers · asked by peggy*moo 5 in Arts & Humanities Visual Arts Drawing & Illustration

5 answers

I did exactly the same (design and sell greeting cards). Companies house will register your company and check the name is not already on their data base. Your artwork could be photographed and as suggested by others - posted to you self (don't open it, the post mark is the key evidence). Good luck.

2006-10-30 05:40:27 · answer #1 · answered by edquest 1 · 1 0

You've got two different issues here; let's tackle them one at a time

TRADEMARKS:

To protect a business name within your industry, you would apply for a trademark.

Trademarks can be names of products or services, logos, slogans, packaging and even sounds and smells. In essence, a trademark can be almost anything that is used to identify a particular product or service. Registering a trademark grants the owner exclusive rights to the mark within the specified industry.

Of course, it's necessary to research the mark comprehensively prior to filing to ensure that there is no possibility of infringing upon another party.

This entails searching the pending & registered Federal and State trademark files as well as the US National Common-Law files. Then, if clear, you can decide if you would like to file for a Federal or a State trademark.

COPYRIGHTS:

You can do this at the US Copyright Office – see the last 2 links in the source box. The application is fairly simple & the cost is $45 per application.

Despite what others state, a "poor man's" copyright is NOT the same as registering it. Here's what the US Copyright Office has to say:

"The practice of sending a copy of your own work to yourself is sometimes called a 'poor man’s copyright.' There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration."

Hope that helps! I wish you much success & happiness in all your ventures!

2006-10-30 04:31:39 · answer #2 · answered by TM Express™ 7 · 1 0

The simplest way to copyright something is to mail it to yourself and not open the envelope/package. Then in case of a dispute you have the postmarked package to prove when you had the idea.
A chamber of commerce might be able to give you some information. There are also many companies that deal with inventors and new ideas that will help you check for similar ideas/names.

2006-10-30 03:12:13 · answer #3 · answered by AJ F 3 · 0 0

The company name is something to sort out when you register the company.

Your work is automatically copyrighted under English law. No registration necessary but it might be a good idea to post it to yourself so you have a dated first copy (to prove you had it first).

2006-10-30 03:11:57 · answer #4 · answered by Anonymous · 0 0

Hey peggy*moo,

If you want to do this the right way, go to the Department of Commerce, US Patent and Tradmark site. Select Copywright button on the Left.

2006-10-30 03:24:50 · answer #5 · answered by BuyTheSeaProperty 7 · 2 0

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