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    In order to register or copyright as a trademark what are the legal requirements?

    Question #104115. Asked by armindasantana. (Mar 24 09 3:22 PM)


    cag1970

    Copyright registration is handled in the United States through the U.S. Copyright Office. Registration is not required to protect the copyright--copyright is established once your work is set in a given medium (audio recording, video tape, written word, etc.)--but it does establish a public record of the work and is required in order to bring about any infringement suit.

    Copyright registration can be done electronically or in paper format. You must provide a copy of the work, along with the associated paperwork and appropriate fees, in order to obtain registration. The U.S. Copyright Office's requirements can be accessed here:

    http://www.copyright.gov/circs/circ1.pdf

    http://www.copyright.gov/help/faq/

    http://www.copyright.gov/docs/fees.html

    Mar 24 09, 4:27 PM
    Baloo55th

    I think the question is about trademarks which are different from copyright. Haven't got time to go into it myself - bed time here - so over to you.

    Mar 24 09, 4:56 PM
    cag1970

    I think you're right, Baloo. Since I've already covered copyright, I'll tackle trademark as well.

    Copyright protects literary and artistic works. A trademark is, according to the U.S. Patent and Trademark Office, "a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others."

    http://www.uspto.gov/web/offices/tac/doc/basic/trade_defin.htm

    Like copyright, registration of a trademark is not required. Use of the Trademark symbol, TM, is permitted until the trademark is registered. The Registered Trademark symbol, ®, cannot be used until a trademark is registered. The trademark application must include the following elements:

    * the name of the applicant;
    * a name and address for correspondence;
    * a clear drawing of the mark;
    * a listing of the goods or services; and
    * the filing fee for at least one class of goods or services.

    http://www.uspto.gov/web/offices/tac/doc/basic/appcontent.htm

    Mar 24 09, 5:41 PM


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