What is a trademark used for and what good is one?

Question

I am trying to determine if I want/need a trademark to protect a design that I have. First, it is a saying logo. For example, let's say I use the word HELLO but instead of the O I use a peace sign. I intend to take this hello logo and make it into a pendant and to put it on a T shirt. I can trademark it through my state, but how does that protect me and how does it work? Does it mean no one else in the state can use my logo or sell it without my permission? The design I have is locally/state based so I don't care if people in another state want to knock it off. I just wouldn't want people in my state to have access to this design unless it goes through me. Also, I had a second design that was getting made into a custom iron-on. I was supposed to get a quote only for the minimum of 100 pcs. The guy made the design and is know telling me he will sell it to others if I don't get 1000. Can I do the TM since the state back dates if the design has not been registered by anyone?

Answer 1

Trademarks distinguish goods in the marketplace - you have a valid trademark as soon as you begin to use it in commerce.

So, you better hurry up and start selling stuff. You WILL NOT BE ABLE TO REGISTER YOUR TRADEMARK UNLESS IT IS USED IN COMMERCE - you get benefits from registration, such as nationwide registration.

Get to it!

Answer 2

Your trademark rights (state and federal) prevent others from using your brand on products and services that might appear to be from you. You do not need to register a mark to have it protected, but doing so makes it much easier to enforce and gives you additional protections.

A state trademark registration provides proof that you were the first to use it, and serves as public notice that you own the right to the logo as applied to clothing or jewelry. It ALSO means your design will show up anytime a trademark attorney anywhere in the world runs a search for similar marks as applied in related industries, thus warning off infringers before they even get started.

Take a copy of your design to a trademark attorney and have it registered in your state (quick, simple, cheap), and then consider filing a federal registration as well (time-consuming, complicated, not cheap). You can also contact your state's office of trademarks (often under the Secretary of State) and find out how hard it would be to register it yourself.

Copyright may also give you simultaneous protection for the creative design, and you can mention "federal crime" to the guy who says he's going to copy it illegally. It may be a bluff, depending on how copyrightable and valuable your design is, as a matter of "visual art".

It may help if you insert the "tm" and copyright (circle-C) indicators on your design. You can't use circle-R until the federal trademark has been issued.

The value of your design, and the ability to enforce it, will ultimately rest on how "strong" the mark is, i.e, how unusual and recognizable as being yours. A quick search of online USPTO.gov records may help you measure how many similar things are already out there.

Answer 3

If you have a registered trademark on something, that means NO ONE can use it without your permission, and you can take legal action against anyone who does. If you're concerned about someone pirating your design and using it for their own profit I'd highly encourage you to apply for the trademark. It involves quite a bit of red tape and will take a while, but that way you're protected from unscrupulous individuals like the guy who's trying to gouge you to make 1,000 pieces of that custom iron-on and is threatening to use your design if you don't. That's a crock. Don't stand for it. Get the trademark on it and sue him if he tries.

Answer 4

Trademarks are not copyrights. You register your trademark through the US Patent Office. Search online for trademark registration proceedures. I have no idea how complicated/expensive it is. It may well be more trouble than it's worth.

Answer 5

All you need is a copyright. The trademark is actually use for product identification.