I am a graphic designer and own a small clothing line. I have recently filed and published my trademark but now my problem is, do I have to copyright every new design I make? Or is it good enough that I put my registered logo into the design somehow? Any feedback is appreciated.
Thanks
What state are you in, marksko, or, if not in the U.S., in what country do you reside?
Your trademark/logo identifies your goods. You probably want to have your clothing labeled with your trademarked name/logo. The trademark does not have to be (and generally isn't) a part of your design.
In the U.S., clothing designs cannot (in most cases) be copyrighted, because clothing serves a utilitarian (functional) purpose, although some elements can potentially be copyright-protected. Sometimes the prints on fabrics will allow for copyright protection, for example. A design
patent is possible in rare cases. Trademarks offer protection to the holder of a mark from counterfeiters and labels/names that confuse consumers.
For a few U.S. cases to look at that center on copyrights and clothing designs (what is, or could be, copyrightable and what is not copyrightable), here are some links for your review:
Mazer v Stein:
http://openjurist.org/347/us/201/mazer-v-stein
Brandir International, Inc v Cascade Pacific Lumber, Co L:
http://www.leagle.com/decision/19871976834F2d1142_11768.xml/BRANDIR INTERN., INC. v. CASCADE PACIFIC LUMBER CO.
In Carol Barnhart, Inc v Economy Cover Corp:
http://openjurist.org/773/f2d/411/carol-barnhart-inc-v-economy-cover-corporation
Kieselstein Cord v Accessories by Pearl, Inc:
http://openjurist.org/632/f2d/989/kieselstein-cord-v-accessories-by-pearl-inc
