Expert: Maggie Macnab - 9/3/2000

Question
What would be the best way to protect my logo?
Trademark? Servicemark? How would I go about that?

Answer
The way to protect a creative work is really dependent on the nature of it. For instance, you can only register a copyright on a design of graphical nature (ie: a visual without letterforms or words), and you can trademark or service mark a name or a name with a graphical appication (ie: Coca Cola's calligraphed mark).

When submitting for a copyright registration, it is a long process (taking up to nine months for final approval), and there is never a guarantee that you will receive the registration, as logo registration is more commonplace every day and similar designs must defer to any previously approved registrations. It is, however, inexpensive at $30 per application, and a process you should start upon finalizing the artwork. The copyright forms are easy to fill out (you probably need a short form VA) and can be downloaded at the Library of Congress' copyright site: http://www.loc.gov/copyright/forms/ General information can be found at http://www.loc.gov/copyright/

Trade and service marking is a more expensive and complicated process, and may require an attorney, though I have successfully completed applications myself. The US Patent and Trademark Office has a searchable database (http://www.uspto.gov/web/menu/tm.html) to check if you name is in use for a similiar entity, or pending for approval. You can trademark an existing trademarked name if the business concerns are not in competition with one another. Trademarking fees are currently at $325 per registration.

Though I have been copyrighting my work for 18 years, I am not an attorney, and do recommend that you pose your question to a copyright/trademark attorney if you need more information than what is available on the sites listed above.