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Would like to register / trademark / copywrite... not sure which to do or how

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knowell

Junior Member
I'm in NC

I am interested in creating an image with a phrase on it. I believe it would be a great image that would sell. I am thinking of creating hats, shirts and onesies with this image and phrase on it. How should I go about getting this up and running? I am not sure if I should pursue trademark, intellectual property, copywrite...

I see so many mean responses, so I'm prepared to be labeled an idiot :) I'm just looking to get a little side job, yall. Please be nice! :)
 


quincy

Senior Member
I'm in NC

I am interested in creating an image with a phrase on it. I believe it would be a great image that would sell. I am thinking of creating hats, shirts and onesies with this image and phrase on it. How should I go about getting this up and running? I am not sure if I should pursue trademark, intellectual property, copywrite...

I see so many mean responses, so I'm prepared to be labeled an idiot :) I'm just looking to get a little side job, yall. Please be nice! :)
Any original and creative image you create will be automatically copyrighted. There is no need to do anything more. That said, it can be smart to register your creative images with the US Copyright Office. Registration provides additional protection in the way of statutory damages, should the images be infringed. Registration also provides you with a presumption of ownership.

You can visit the US Copyright Office website for more information: http://www.copyright.gov

Short phrases cannot be protected under copyright laws but a short phrase can be protected under trademark laws. Once you start using the phrase in connection with your products, it becomes an identifier for your products, just as the name of your company will be the identifier of your company which distinguishes it from all others. Depending on the phrase, it can be used as both your company trademark and as a slogan for your company's products, or it can be used as a slogan only.

Once you start using the name and/or slogan in commerce to identify your products, you gain trademark rights. You can apply for registration of the name or phrase with the US Patent and Trademark Office but, as with copyrights, registration is not necessary to have rights in the name or slogan. Federal registration provides additional legal protections and can allow for you to prevent others from using the same or similar marks/slogans for their company, products or services.

You can visit the US Patent and Trademark Office website for more information: http://www.uspto.gov

You want to make sure that your phrase and your images do not infringe on the already-existing rights of others, so it is smart to do searches prior to use and/or to consult with an IP attorney in your area for a personal review of the specifics (actual images and phrase). The attorney can then advise you accordingly.

Good luck.
 
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FlyingRon

Senior Member
Your work is protected by copyright from the moment you draw it. Registration provides some additional advantages (notably access to Federal court). Information is available on the copyright.gov site (lots of information there).

Similarly, you get trademark rights by using your rights in commerce. Again registration may provide you some additional protections. Information on this is at uspto.gov.

Note that your art can be protected by copyright but the slogan will not be.
The slogan would be protected by trademark.

Read the FAQ pages at the two sites mentioned above and write back if you have questions.
 

quincy

Senior Member
Yay! They were nice and I am moving forward with a trademark and copywrite to protect both image and slogan. I'm so excited! :) Thank you!!!
You're welcome, knowell. We appreciate the thanks.

Starting your own product line should be fun. I wish you much success.
 

FlyingRon

Senior Member
By the way, the word is copyRIGHT. That is, the RIGHT to copy. Copywrite is what the low level guys at the newspaper do.
 

quincy

Senior Member
By the way, the word is copyRIGHT. That is, the RIGHT to copy. Copywrite is what the low level guys at the newspaper do.
I would not necessarily label copywriters as the "low level" guys at the newspaper - but copywriters are primarily those who write advertising copy.
 

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