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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Intellectual Property Law
Satisfied Customers: 111527
Experience:  Attorney practicing all aspects of copyright/trademark law
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Trying to figure out which category to file a unique direct

Customer Question

Trying to figure out which category to file a unique direct mail campaign under (realizing either is filed with a Standard Application). Should I file it under a Literary Work or a Work of visual arts? I have basically created this direct mail campaign to have a unique sort of logo, but the look of the entire piece and the wording is a certain way, as well. Thoughts? Thanks - Fred
Submitted: 6 months ago.
Category: Intellectual Property Law
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If it is for a marketing campaign then it can appropriately go under Class 35 for Advertising and Business Services. Work of literary or visual arts is not for a direct mail campaign, it is for actual works for display of art or education or classes.
Customer: replied 6 months ago.
HHHuummm - thanks! Please clarify, Class 35 seems to be more of under a trademark heading rather than copyrighted material(s). What form would I use to file the copyright - thanks!
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.
Okay, I wasn't aware you were asking about a copyright, you were not clear on that.
The contents of your document can be copyrighted in addition to trademarking the logo. It would be under literary work as a copyright and you would copyright the logo as a visual art. Or, you can trademark the logo in addition at http://www.uspto.gov.
So there are multiple ways to protect your work here.
Customer: replied 6 months ago.
Ok... thanks! How much would an attorney like yourself charge to
1. file a copyright for the advertisement document as a literary work
2. File a copyright for the logo as a visual art
3. Trademark the logo, as well
I would hope and expect to have a copy of all paperwork, etc. involved in the aforementioned process...Please advise. Much appreciated - Fred
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.
Well, site rules and state law forbids any expert on this site from representing anyone from this site (thank you for understanding that).
Generally something like you are asking would cost about $4000 plus the registration fees for the copyright and the trademark fees. However, if this is a simple registration, you can do the copyrights online yourself for about $35 each. The trademark would cost you about $1800 +/- or so to do.
In order to find a local attorney you can get an intellectual property attorney at the same sites used by other attorneys, http://www.hg.org or http://www.lexmundi.com.

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