Expert: Shannon Moore - 11/20/2008

Question
I just wanted to know if I make my designs for my card as catchy phrases for them. Can I trademark my company name and everything that my company produced under my company's name is protected by it?

I want it where when I put something out I automatically have legal rights over my designs and  phrases. Is that possible and How much will it cost me to do it?

Answer
Dear Leron,

It sounds like you have a couple of different avenues to explore. I'll explain both & how to get more info and that should get you going on the right track.

COPYRIGHTS:

A Visual Arts registration may be appropriate for your designs. This is the form the US Copyright Office recommends for greeting cards. Please see this link for further info: http://www.copyright.gov/fls/fl115.html
The fee is $35 per application. You can file online here: http://www.copyright.gov/eco/index.html

TRADEMARKS:

To protect a business name within your industry, you would apply for a trademark.

Trademarks can be names of products or services, logos, slogans, packaging and even sounds and smells. In essence, a trademark can be almost anything that is used to identify a particular product or service. Registering a trademark grants the owner exclusive rights to the mark within the specified industry.

Of course, it's necessary to research the mark comprehensively prior to filing to ensure that there is no possibility of infringing upon another party.

Comprehensive research consists of looking at marks that are similar in Sound, Appearance or Meaning in the pending & registered Federal AND State trademark files as well as the US National Common-Law files.

The Federal government, USPTO, charges $325 per classification.

Please contact me with any other questions.

Hope that helps! I wish you much success & happiness in all your ventures!

Warmest regards,
Shannon Moore
http://www.tmexpress.com