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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)
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cag1970

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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
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Baloo55th

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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.
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cag1970

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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
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