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Is it ok to Trademark a logo if I do not have a company? Given it is harder to get copyright on logos.?
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Hi, I have built an artistic logo for my project. I do not have a company yet. Should I get a trademark or copyright on this. I want to use my logo on my project website and my business card.
All Answers To QuestionsAnswer 1
It isn't "hard" to get a copyright on a logo. Rather it's impossible. Logos cannot be copyrighted.
You do not need a company to register a logo. You can essentially consider yourself self-employed. Be your own business. Answer 2
You can only trademark something for commerce. If you do not use or plan to use shortly the trademark, you cannot protect it. As a work of art, it is copyrighted on creation. If you use the copyright symbol, it notifies others that you claim copyright, and that they cannot use it. That's really all you NEED to do. Answer 3
You acquire trademark rights in the USA by simply using your logo "in association with particular goods or services in commerce". You may optionally register it. You may ALSO file a federal registration for an "intent to use" a mark, reserving it for three years or more, but you cannot get the registration issued until you submit proof of "actual use" in commerce (by the owner of the application). You can personally own a brand and license others to use it.
I have also seen a US brand (a trade show logo), not registered as a trademark, which was subject of overseas copyright infringement litigation based upon the creative elements of the graphic art itself. Copyright and trademark can exist on the same logo.
You get copyright when you create the work, regardless of what it's for. You can register that copyright very inexpensively by filing an online form and fee with the US Copyright Office << GO BACK to questions
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