Protecting a logo design

[productseller]

What is the name of your state (only U.S. law)? NC

I designed a logo that I believe fans from one major university will really like. This design will look great on t-shirts or car window decals. The design does not infringe on any licensed trademarks of the university.

How careful do I need to be to protect my design? Do I need to register for a trademark or copyright?

Also, I am trying to decide exactly how to bring this to market. Whether to have them printed by a third party and go out on the street and try to sell the products myself...or work with a local store who specializes in graphics to sell things through their store. I know this part of it is not completely a legal question, but any input is appreciated.

Thank you.

 

[quincy]

What is the name of your state (only U.S. law)? NC

I designed a logo that I believe fans from one major university will really like. This design will look great on t-shirts or car window decals. The design does not infringe on any licensed trademarks of the university.

How careful do I need to be to protect my design? Do I need to register for a trademark or copyright?

Also, I am trying to decide exactly how to bring this to market. Whether to have them printed by a third party and go out on the street and try to sell the products myself...or work with a local store who specializes in graphics to sell things through their store. I know this part of it is not completely a legal question, but any input is appreciated.

Thank you.

Logos are often not original or creative enough to be copyrightable. For use as a trademark, you would need to start using the logo in commerce to gain trademark rights.

A copyright registration for your logo design, if it qualifies, is not necessary to obtain copyright protection. The copyright for creative and original works is automatic. Registration, however, provides added protection for your copyrighted work and added benefits should your logo be infringed and you want to sue the infringer. And for copyrighted works, registration will be necessary prior to filing an infringement lawsuit. But, again, few logos have the creative and original elements necessary for copyright protection.

Trademark registration is also not necessary. Once you start using your logo as an identifier, the trademark rights follow. But you can file either an intent-to-use application prior to use, to reserve the mark, or you can apply for registration of your mark after you have started to use the mark in commerce.

You can use your logo on any product or service you want to use it on, and market it however you want, as long as you are sure the logo/mark does not infringe on any of the university's rights. Most universities have rights in their colors, names and the nicknames connected with the school.

For additional information on how to market your product/service, you can be smart to consult with a lawyer. Good luck.

 

[productseller]

Thank youso much for the excellent reply. That is very helpful.

 

[quincy]

You're welcome, productseller. Good luck with your enterprise.