There are several things copyright does not cover. These include things like titles, slogans, and yes, logos. For things like logos, a trademark would be more appropriate.

The United States Patent and Trademark Office (www.uspto.gov) defines a trademark as "a word, phrase, symbol or design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others."

Just like a copyright, you do not have to register a trademark, but, registering it does provide several benefits, such as the right to use the registered trademark symbol, ®, next to the mark, a listing in the United States Patent and Trademark Office's online database, the ability to prevent the importation of goods that infringe upon your trademark in conjunction with the US Customs and Border Protection Service, and most of all, a public notice that claims you own the trademark in question.

Whether or not you actually register the mark, you are allowed to use the designation of "TM or "SM" to denote you own the mark, however, the ® symbol can only be used after the mark is registered with the USPTO, but not while the application is still pending.

To register a trademark, you must use the USPTO's Trademark Electronic Application System (TEAS) to file the mark. There is actually two systems the USPTO uses, the first is the normal TEAS system. It costs $325 to register a trademark. The second system is known as TEAS Plus. This one is a bit cheaper at $275, but has stricter requirements.

Once registered, the trademark is valid as long as you continue to post all registration maintenance documents. You also have to file a "Declaration of Use under Section 8" form between the fifth and sixth year after the trademark is registered. Between the ninth and tenth year, and every ten years afterward you must submit a "Declaration of Use and Application for Renewal under Sections 8 and 9" form and for every ten years afterward to continue to own the mark.

Before you decide to file your application for a trademark, you should use the USPTO's Trademark Electronic Search System (TESS) to search through active and inactive trademark registrations to find out that marks similar to yours do not exist.

Even if there is not a mark already in existence similar to your chosen mark, that does not mean that your mark will be accepted. There is a piece of legislation in the United States known the "Lanham Act" This act prevents several activities such as trademark infringement, trademark dilution, and false advertising.

Such items that would not be eligible for trademark protection under the Lanham Act would be marks that are seen as immoral, deceptive, or scandalous, or suggest a connection to a person, living or dead. For example, an image of Kevin Bacon being used for a brand of bacon when Kevin Bacon is not connected with the company.

Other ineligible trademarks would be those that use the national flag of a country or a coat of arms, or the signature of a living or dead person without their permission. Marks that are similar to pre-existing marks are similarly ineligible.

Another sort of registration that cannot be registered would be for marks that are only descriptive, that is marks that describe the product the mark is to represent or geographic names or other such descriptors. These marks, however can become actual registered trademarks if they become well-known enough.

© ResearchCopyright.com