Expert: Shannon Moore - 4/4/2008

Question
Ok, so here's what allll my confusion is about.

I have a graphic with some text as the headline.  It's going to be for my families (our) new company.

I have Copyrighted the Artwork we have (it's an image), but there is a Text Heading on top.

When I copyrighted it, it asked if there was text, so i did yes.
So is the text protected too?

and, it says you can Trademark logos as well. So, instead of just trademarking the text (which, do i need to ?) do i ALSO need to trademark my image too?

It does't explai at all what defies a Logo.  Can someone Trademark my Copyrighted image or...?

I'm so confused.    Can youPlease PLEASE help me?

Thank you sooooo much !!!

Answer
Hi Stevo,

I just received your negative feedback & am a little confused as to why you rated me so poorly. You specifically asked about copyrights & trademarks and I thought I had provided clear definitions of both. Please let me know how I can satisfy you better. In the years I've been answering at AllExperts, I have never received a poor rating so I'm concerned. Thank you!

Sincerely,
Shannon


Dear Stevo,

Copyrights can be obtained for things of an artistic nature. This includes, of course, poetry, films, sculptures, music, fiction, etc. But can also include things that may not necessarily seem "artistic" in the general sense of the word. Copyrights can also be obtained for advertising copy, games, software programs and blueprints, to name just a few.

To protect a business name or logo 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.

This entails searching the pending & registered Federal and State trademark files as well as the US National Common-Law files. Then, if clear, you can decide if you would like to file for a Federal or a State trademark.

To register a trademark, that's done either through your Secretary of State for a State trademark or the US Patent & Trademark Office for a Federal trademark.

If you are only conducting business in one state, then a State trademark is most appropriate. If you conduct (OR are planning to conduct) business in at least 2 states OR between the US & any other country, you can file for a Federal trademark.

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

Sincerely,
Shannon Moore
http://www.tmexpress.com
http://tmexpress.blogspot.com