Trademark and Copyright Protection, USPTO, USPS

Trademark and Copyright Protection

Rights in trademarks develop by common law simply from use. If your client uses their slogan in a trademark fashion, your client may be able to prevent others from using a similar line if consumers would be confused. Obviously, federal protection gives the most notice to the world that you are serious in your use of the line; however, a state registration is certainly a step in the right direction. Large advertisers generally search both federal and state registrations prior to investing a lot in a trademark. Because federal registration requires proof of use of the mark in interstate commerce (or at least intention to use the mark in interstate commerce), it is not necessarily available for start up projects.

Copyrighted executions are copyrighted the moment they are set down in a tangible form. Thus, a t-shirt you've created would be subject to copyright protection even without the © notice. People use the © however, to let the world know that they are claiming rights, and keep away. You don't have to register your copyright with the US Copyright Office, unless you want to file suit for copyright infringement. It is my experience that many people don't register until they come across an infringement, and that doesn't hurt their rights.

Proper use of a copyright notice usually includes the date, i.e. © 1997 Genetrix Originals. Your U.S. copyright in any given work will expire 50 years after your death if you personally own them, or 75 years from the date of creation if your company owns them.

Copyrighted Works Categories

Pictures, Graphics and Sculptures (e.g., photographs, cartoon characters, maps)
Architectural Works (e.g., blueprints)
Music and Lyrics
Literary Works (e.g., newspapers, magazines, cartoons, trade journals, books, newsletters, computer programs)
Dramatic Works (e.g., plays, screenplays)
Pantomimes and Choreographic Works
Audiovisual Works (e.g., videotapes)
Sound Recordings (e.g., compact discs, cassette tapes, phonographic records)

Slogans and sayings qualify for trademark protection. If you use your own sayings on items for sale in interstate commerce, they may qualify for Federal protection. Mere use will qualify you for protection, but many people register their trademarks with the U.S. Trademark Office in order to put the world on notice not to infringe (Kind of the opposite of copyright registration).

U.S. Copyright Office
Library of Congress
Washington, D.C. 20559
202-479-0700

U.S. Patent & Trademark Office
Commissioner of Patents & Trademarks
Patent and Trademark Copy Sales
Box 9
Washington, D.C. 20231
703-305-8716 (8-8 EST)
800-786-9199 (general information)
703-305-4350 (customer service)

The name, logo, graphics and titles herein have been registered with the U.S. Copyright Office.

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