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Roger
Roger, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 26136
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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what do you know about copyright on a logo...

Resolved Question:

what do you know about copyright on a logo...
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  Roger replied 1 year ago.

Kirk Adams : Hi - I do some intellectual property work, so I can probably help you out.
Kirk Adams : First, a logo wouldn't be protected by a copyright. Instead, it would be protected by a trademark.
Customer:

ok, i am sorta concerned that someone will take my idea. what is the safest way to proceed.

Kirk Adams : There are common law trademarks, which attaches to the logo/design the instant you create it.
Kirk Adams : Also, you can get a trademark from the US Patent and Trademark Office that will give you nationwide protection of your logo.
Kirk Adams : USUALLY, there's no need to go through the expense to get a national trademark unless you're marketing and selling a product nationally.
Kirk Adams : In most cases, a common law trademark will do.
Customer:

how soon after i apply for a trademark can it be used

Kirk Adams : You can start using the mark immediately - - even while your application is pending
Customer:

can the trademark be sold at anytime...

Kirk Adams : Yes, you can sell your mark anytime.
Customer:

even during the waiting process

Kirk Adams : It's considered personal property just like a car, watch or shotgun.
Kirk Adams : Yes.
Customer:

i already have my Go Daddy domain

Kirk Adams : The reason is that you have a common law trademark the second you invent the logo. You are the owner at that instant.
Kirk Adams : You can't sell the logo as a USPTO (US Patent and Trademark Office) registered trademarked logo until your application is complete.
Customer:

with a good web address I hope that helps.....i hope to make money for a team and for the team that they play

Customer:

how long does the process usually take

Kirk Adams : But, you can sell the design anytime. But, waiting until you have a registered mark should make the logo worth more.
Kirk Adams : USUALLY, a trademark application is processed within 6-8 months. BUT, I have seen some that take a year or more to process.
Customer:

ok....what is the safest way to proceed...since i am going to get screwed, I need to get this moving

Kirk Adams : The time really depends on whether there's an issue of your logo being similar to some other previously registered mark.
Kirk Adams : The best and quickest way to get a trademark application going is to get a local patent attorney to draft and file your application.
Kirk Adams : An attorney can get this done faster than a non-attorney.
Customer:

I have never seen anything like it, and the team is very popular and I think i would have seen it before now....they have about 50 thousand college students, so this could be my plan B.

Kirk Adams : If you want to look into doing this alone, you can review the information and application forms here: http://www.uspto.gov/trademarks/teas/
Customer:

where is your office located

Kirk Adams : My firm has offices in Miss. and Tenn., BUT we're not allowed to take on clients through JUST ANSWER, unfortunately.
Roger, Lawyer
Satisfied Customers: 26136
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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