Why to have Trademark and Copyright for the website content ? / 17 April 2018 - 17:25:10

How to get Trademark and Copyright
for the website name and logo?


How to get Trademark and Copyright

In this article we decided to explain the importance of the trademark of your blog’s logo and name and show how to actually copyright it. Trademark and copyright are the tools that help to protect your brand name and company activities against various legal issues. The issues compromise the use of your blog name or logo by other entities.

We think that it is extremely important to preserve the uniqueness and have the distinct name and representative logo so that customers will recognize you, as a company, easily.

Even though the registering a trademark is not required to have an official business website, it is beneficial to actually have one. If you go through the registration processes your products, ideas and innovations will always be protected by law and in case of someone steals or copies them. Trademark and copyright give you the exclusiveness which stops other to use the similar business name or logo.

Many people use the terms Trademark and Copyright interchangeably but they deal with different challenges. Copyright explicitly deals with creative works which compromise texts, pictures, written words, illustrations and etc. Once the is presented in the tangible form it will be automatically protected by the copyright laws. In other words, whatever content you publish on your website it will be hedged by the law without you putting any extra effort.

On the other hand, the trademark deals with logos, symbols, business names, colors that makes your products and services distinct from your competitors or other companies. However, you cannot register the business name or logo as a personal brand except if the company is widely recognized and exists for already a long time on the market, for instance like Calvin Klein, Armani or Gucci.

However, you should know that the copyright does not cover the same protections as Trademark, for example some features or characteristics of your product or work can be employed under the Fair Use standard. The good thing about Trademark is that after registration processes it prohibits others to use the similar names and confuse the potential customers. However, you should take into account that if you register your business in a country or a state it does not mean that your logo or business name is automatically protected as trademark. Unfortunately, someone can actually be faster and register the same name as yours as a trademark and stop you form using it.

So the big question here is how to get a Trademark?

First of all, you should know a couple of important bullet points before you request a trademark for the business.

  • • You are not allowed to propose a name that is already used by other company or entity.
  • • Moreover, the name should not be close to the already existing ones.
  • • Its better if it is exclusive and concrete.

Afterwards, you should search thoroughly the existing trademarks via various search systems like TESS, Trademark Electronic Search System and etc. If the chosen Trademark is not registered by anyone, then you are free to use and register it for yourself via TEAS. There are a couple of different application forms with distinct charged fees. The application forms are offered with descriptions that are very well written and easily understandable. All the relevant information about the registration process and application forms can be found here: https://www.uspto.gov/trademarks-application-process/filing-online Once you submit the form you will get the email notification whether the request is approved or not.

As for the copyright registration process, it is relatively easy to go through compared to Trademark registration process. However, it really depends in which country you want to register, because there are different laws and procedures in various places. As for an example to serve, if your company is located in the United States then you should go to United States Copyright office webpage, which can be found here: https://copyright.gov/ The only thing you have to do is to choose the appropriate category for the creative work you want to gain the copyright. For instance, if you are applying to copyright your logo, then you should choose the category of visual arts. Afterwards, you will be able to download the suitable application form and submit it.

We hope that the offered article would be useful guide for Trademark and Copyright registration processes and dispersed vagueness surrounded around these two terms.




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