As soon as you use the quote or phrase in commerce, for example as a business slogan, it is protected by common law; you should formally register it with the trademark office as soon as is reasonably possible.
Trademark protects designs used in commerce, such as logos. You may register the trademark with the trademark office of each country in which you seek to do business.
If your design is not to be used as a logo, it can be protected by copyright. Copyright protection is automatic as soon as the work is fixed in a tangible medium.
In the realm of business, a company’s brand is paramount. It’s how the company is known to customers and investors, and it distinguishes the company from all the other companies out there trying to compete in the marketplace. And so, the name itself is an supremely valuable commodity. In turn, like all valuable commodities, you want to protect your name, and make sure that it continues to signify the excellence your company embodies. Our legal system provides the perfect tool for this protection: the trademark. Trademarking your name is essential. Here’s how to do it.
- Step One: Can it be trademarked?
For you to trademark your name, you need to make sure that it is the name you use to signify your particular company and its products. The name must be your company’s face that it shows the world. The name needs to be displayed either on the products you sell, or during the sale and advertising of your services.
- Step Two: Make sure the name is yours
Once you’ve determined your name can be trademarked, do a trademark search to make sure that the name isn’t already trademarked by someone else. If you’re unlucky, and someone has already trademarked your name, you’ll have to get a new one quickly.
- Step Three: The paper trail
So if the name is yours and yours alone, it’s time to fill out the requisite paperwork. You can do this easily on the internet, or you can get hardcopies of the application from the Trademark Assistance Office.
Then just sit back and wait for a response. The application will be read by the USPTO (United States Patent and Trademark Office), and if everything is copacetic, you’ll be the one and only company allowed to use your name. After that, it’s time to go out and build your brand!
You can trademark a product or service. You can also use other types of "marks" for sounds or building design.
Not without your permission.
You would want an agreement with the manufacturer specifying that you retain copyright in the design. Then once you are using it in trade, register it with the trademark office.
In order to use the trademark symbol, you need to have registered the design with the trademark office. When you license your image for use by the band, you can specify, for example, how large the trademark symbol must appear, etc.
A trademark is a way to copyright your business or organization so that other people cannot use your name as their own. A trademark is a really good thing to get if you are trying to patent a new invension or design for a new or old product.
It is, almost certainly, registered as a trademark.
A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others. A service mark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of a service rather than goods. Some examples include brand names, slogans, and logos. The term "trademark" is often used in a general sense to refer to both trademarks and service marks.
What you are describing is a trademark. A trademark can be a word, phrase, symbol, logo, design or image. Companies do not buy the trademark but register it so no one else can use it without their permission.
To safeguard your brand's identity and stop others from utilising a similar design, you may indeed trademark your logo. For information on the trademark application and filing process, speak with legal counsel or intellectual property specialists.
I think trade mark refers to a brand name. Design would probably fall under Copyright rather than TradeMark.
The Swoosh is the Nike trademark. It was created by a graphic arts student by the name of Carolyn Davidson in 1971.
Provided the use is sufficiently different from others already registered, yes.