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trademark question??
jbox:
I'm not sure if you can trademark ************************************? ;D
Samstag:
--- Quote from: koolmoecraig on July 11, 2007, 10:20:31 pm ---While we are on this topic....
If I have a logo or character that I have created, do I need to trademark or copyright it?
--- End quote ---
Copyright, but you don't have to do anything. It's automatically protected even if you don't register it. Registering just sets the date, but if you can show that you created it and when, registering a copyright isn't so important. All artwork is covered under it. If you want to protect the name of the logo or character, or a motto, then you'll need a trademark.
RayB:
You don't trademark a cartoon character (or anything else for that matter) unless YOU USE IT IN TRADE.
If you just create it and never use it commercially as a trade mark, then its not a trade mark, so how can you trademark something that is not a mark used in trade? In fact, if you use something, like a motto for your business, and consider it a trademark, but then you stop using it for a few years, you can lose the right to it, especially if other businesses use the same thing and you do not defend your right to it, that also can cause you to lose your right to it.
Copyright applies to the artwork of it though. And that is pretty much automatic. I wouldn't waste money REGISTERING the copyright of every cartoon you draw, unless you expect to develope something to be really big, popular and visible. That's the problem I find with young artists. SO paranoid that something they draw will somehow be stolen and become "the next big thing". It just doesn't work that way though. There's alot more to making millions than just drawing a cartoon character.
amadama:
An easy way to cheaply enforce a copyright is to take several copies, place each in a separate envelope, seal it and mail them to yourself. Mail one to someone you know just in case.
If you keep them sealed and there is ever a copyright dispute you can show the court your sealed and postmark dated copy!
Now if you are going to be making money and depend on this copyright then you should register it (still not a requirement though).
SavannahLion:
--- Quote from: amadama on July 12, 2007, 04:26:50 pm ---An easy way to cheaply enforce a copyright is to take several copies, place each in a separate envelope, seal it and mail them to yourself. Mail one to someone you know just in case.
If you keep them sealed and there is ever a copyright dispute you can show the court your sealed and postmark dated copy!
--- End quote ---
No, it doesn't work that way and never has. You're referring to the, "poor man's copyright," and to date has never stood up in court (if you find a court case where this has, let me know). In fact it's ridiculously easy to fake something like that. Take an envelope, put an empty sheet of paper inside, fold the envelope flap so it goes inside the envelope, place address, stamp it, and the Post Office will be more than happy to deliver it. You now have an empty, unsealed, envelop with a post mark where anything can be put inside.
For some bizarre reason people believe this works for trademarks and patents and it doesn't work that way.
In some sickening way, that misleading information even evolved. I have a book of bizarre patents where the author claims that burning a CD with your engineering plans will time stamp the CD with the date of creation. Of course it does, but anyone with an inkling of computing knowledge will know how to turn the date back on their PC and files.
The information on the correct way to patent/trademark/copyright anything is on the appropriate website for each of those agencies. Please, go look it up before you depend on something as asinine as a poor man's copyright.
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