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Copyright and Trademark For Eyewear Line

#3
There are aspects of a eyeglass wear manufactured that could involve copyright as well as trademark and possible even patents. If you’re serious about your endeavor you should find an ip attorney to help you through the various processs and determining where what is applicable. As to just your name, that would be a trademark issue, and in some cases, not even that.
 

FlyingRon

Senior Member
#4
It might also qualify for design patent protection for the actual eyewear. Your works are protected by copyright as soon as you set them down in tangible form though registration gets you additional protections (and you'd need that before heading to court anyhow). Similarly you get trademark rights by using your brand in commerce, and again registration gets you added protections.

As stated, an IP lawyer will help you protect yourself. Further, if by "eyewear" you mean something like sunglasses rather than just selling frames to other providers, you may wish to consult a industry-specific legal advisor about making sure you comply with the standards for impact/shatter resistance. Even without a legal requirement to do so, it would probably behoove you to do so from a liability standpoint. The case law is against you on that point.
 
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quincy

Senior Member
#5
IÂ’m developing my own Eyewear line. Do I need both copyright and trademark for my logo and company?
Are you located in the US, Dinjiifashion, or do you reside in a different country? IP laws vary in some significant ways depending on the country.

Copyrights are generally not much of a concern for a company until the company gets into the marketing/advertising of the product line. Copyrights protect original and creative expressions. The copyright protection is automatic once an original and creative work is fixed in a tangible form.

Logos can]/I] have elements that are original and creative enough to be afforded copyright protection but logos for the most part, like company names and product names, gain their protection under trademark laws.

Trademarks are company identifiers. They are used to distinguish one company's goods and services from those of all others, so consumers are not confused as to the origin of the goods or services.

Trademark rights are gained from the use of the identifiers in commerce. In the US, the first to use a logo or name (or slogan, color, scent ...) as an identifier for their company and its goods/services will be the presumed owner of the marks. In other countries, the presumed owner will be the first to register the marks.

Registration of trademarks and copyrights is not necessary in the US, although federal registration provides a trademark or copyright holder with additional legal protection should the marks/copyrights be infringed.

For your eyewear line, you need to concern yourself with the copyrights, patent rights, and trademark rights others may have so you do not unintentionally infringe. And, as FlyingRon noted, there can be industry standards that must be met.

You would be smart to consult with a legal professional in your area before investing too much time, energy and money into the development and marketing of your product. Nothing can put an end to a new company quite like a costly lawsuit can.

Good luck.
 
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