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Trademark questions

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Sagbooks

Guest
We are a small, independent publishing company which published our first in a series of nature-oriented children’s picture books. We would like to register the name of our publishing company and it’s logo. The logo is used without the name on the spine of the books, but elsewhere in the books and on business stationary and headings, the name is written with the logo preceding it.
1. Is it necessary to file for two trademarks, one for the SB logo and a separate one for the business name or can they both be under one trademark?

Also, the main character of our books (think: Harry Potter, Madeline, Barney, Big Bird, Babar, or Carl) will be the title of each book followed by a subtitle. An image of the character, which is an illustration in our first, copyright registered, published book, is used as a logo on the tags for related products such as the plush toy of the character. The same image is currently, or intended to be, embroidered, silkscreened, or printed on such items as caps, totes, and shirts.
2. Assuming it is not already registered, can we have the name of the character trademarked?
3. Can we have the image of the character which is used as a logo trademarked?
4. Do we need two trademarks or only one because the image (logo) is already copyright protected?

On examining other children’s books, I do not see the trademark symbol used.
5. Is there a precedence for it’s use in the book publishing business?


Sincerely,


Frances Keiser
Sagaponack Books
St. Augustine, FL
[email protected]
 


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Attorney_Replogle

Guest
You are right in thinking that you should get your various symbols, company name, and characters trademarked. All of these amount to your company's intellectual property. What that really means is together they add up to the essence (along with the stories of course) of the company's good name and image. This intangible is the most important and ultimately the most monetarily valuable aspect of your business. Please consult with an intellectual property (copyrights, patents, trademarks, etc.) attorney near you. You can find one at attorneypages

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Mark B. Replogle
 

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