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Posted: 6/10/2016 5:42:47 PM EDT
[#1]
Quoted:
I have been going back and forth with myself about starting an online tshirt website. I am in the research stage of this, and am now at trademarks. What is the procedure to file a trademark on a graphic design or phrase? Do I need an attorney to file each time I want a new design or is this something I can file myself? First learn the differences between trademarks and copyrights. 
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Posted: 6/11/2016 3:47:20 PM EDT
[#2]
Quote HistoryQuoted:
First learn the differences between trademarks and copyrights. Quote HistoryQuoted:
Quoted:
I have been going back and forth with myself about starting an online tshirt website. I am in the research stage of this, and am now at trademarks. What is the procedure to file a trademark on a graphic design or phrase? Do I need an attorney to file each time I want a new design or is this something I can file myself? First learn the differences between trademarks and copyrights. Ok, copyright for graphics, but I would still want a trademark for my company name and logo, no? But to clarify the question, I guess I am looking at copyright information then, as I would want to protect intellectual property (if you can call a tshirt that). |
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Posted: 6/11/2016 8:07:56 PM EDT
[#3]
http://www.copyright.gov has information on copyright. It's form you fill out and pay $60, I think. You can file trademarks yourself. If you have a business the trademark office might require an attorney. http://www.uspto.gov has information on trademarks.
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Posted: 6/12/2016 12:04:45 PM EDT
[#4]
Quote HistoryQuoted:
First learn the differences between trademarks and copyrights. Quote HistoryQuoted:
Quoted:
I have been going back and forth with myself about starting an online tshirt website. I am in the research stage of this, and am now at trademarks. What is the procedure to file a trademark on a graphic design or phrase? Do I need an attorney to file each time I want a new design or is this something I can file myself? First learn the differences between trademarks and copyrights. In many cases you end up needing both. And while making sure you have copyright protection can be as low as free trademark registration costs money. |
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Posted: 6/21/2016 3:10:15 PM EDT
[#5]
Copyright exists as soon as the expression is fixed in some physical medium (picture, book, etc.). Registration of copyrights is not required for protection, but many do as a CYA thing.
Trademark is a different story, AFAIK protection doesn't begin until it's officially registered. |
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Posted: 6/26/2016 1:48:26 PM EDT
[#6]
Quote HistoryQuoted:
Copyright exists as soon as the expression is fixed in some physical medium (picture, book, etc.). Registration of copyrights is not required for protection, but many do as a CYA thing. Trademark is a different story, AFAIK protection doesn't begin until it's officially registered. Just to be clear, copyright protection exists from the moment the work is created in a fixed and tangible medium of expression. It doesn't have to published, etc. There are eight categories of works that can be copyrighted. These categories are: (1) literary, musical, and dramatic works; (2) pantomimes and choreographic works; (3) pictorial, graphic, and sculptural works; (4) sound recordings; (5) motion pictures and other AV works; (6) computer programs; (7) compilations of works and derivative works; and (8) architectural works. The word “copyright” or © is no longer required for works to be copyright protected. |
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Posted: 6/26/2016 8:43:42 PM EDT
[#7]
Quote HistoryQuoted:
Copyright exists as soon as the expression is fixed in some physical medium (picture, book, etc.). Registration of copyrights is not required for protection, but many do as a CYA thing. Trademark is a different story, AFAIK protection doesn't begin until it's officially registered. Protection begins at the filing of the application, pending successful outcome of the application. |
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Posted: 6/29/2016 12:09:49 PM EDT
[#8]
Can I jump this thread please?
I have in mind a Tshirt design that will appeal to fans of a particular manufacturer. It will not infringe on any TM or copyright. However, I have no doubt that said manufacturer will want that shirt design for themselves. Said manufacturer has a history of using money and legal threats to get their way- in other words, I can't afford to even fight them, much less beat them. Ideas? |
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Posted: 7/9/2016 10:44:02 PM EDT
[#9]
Quote HistoryQuoted:
Can I jump this thread please? I have in mind a Tshirt design that will appeal to fans of a particular manufacturer. It will not infringe on any TM or copyright. However, I have no doubt that said manufacturer will want that shirt design for themselves. Said manufacturer has a history of using money and legal threats to get their way- in other words, I can't afford to even fight them, much less beat them. Ideas? Not to sound like a dick, but don't pick a fight you know you can't win. |
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Posted: 7/10/2016 1:24:04 PM EDT
[#10]
Quote HistoryQuoted:
Protection begins at the filing of the application, pending successful outcome of the application. Quote HistoryQuoted:
Quoted:
Copyright exists as soon as the expression is fixed in some physical medium (picture, book, etc.). Registration of copyrights is not required for protection, but many do as a CYA thing. Trademark is a different story, AFAIK protection doesn't begin until it's officially registered. Protection begins at the filing of the application, pending successful outcome of the application. And enforcing either is at the cost of the holder. |
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Posted: 7/11/2016 8:30:50 AM EDT
[#11]
Quote HistoryQuoted:
Not to sound like a dick, but don't pick a fight you know you can't win. Quote HistoryQuoted:
Quoted:
Can I jump this thread please? I have in mind a Tshirt design that will appeal to fans of a particular manufacturer. It will not infringe on any TM or copyright. However, I have no doubt that said manufacturer will want that shirt design for themselves. Said manufacturer has a history of using money and legal threats to get their way- in other words, I can't afford to even fight them, much less beat them. Ideas? Not to sound like a dick, but don't pick a fight you know you can't win. Not offended, thanks for the input. That's been on my mind. |
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