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Member Since: Dec 06, 2006
Posts: 409
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11-11-2010, 09:49 PM
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Originally Posted by Kash
It definitely falls under copyright as it is a creative work. Now, if you created it for a client who specifically requested to keep all rights to the logo (i.e. work-for-hire), in that case your client owns the copyright and not you.
Copyright protection gives you a whole slew of protections. Plus, it lasts the entire life of the copyright owner, plus an additional 70 years. Benefit of copyright is that it's ridiculously simple to obtain one.
A trademark is a symbol used by a person in commerce to indicate the source of the goods/service. Your graphic logo could also fall under trademark if it identifies a company that sells a good or service. Some examples of companies that have trademarked logos: Apple (both the name and the bitten apple), Coca-Cola, Nike (both the name and the swoosh), and eBay.
However, unlike copyright, you have to register a trademark. There are a variety of steps involved and the application costs money. Then on top of that, you have to enforce your trademark, otherwise you run the risk of losing your trademark.
Oh and I should mention, I'm a third year law student specializing in Intellectual Property  |
Thank you very very much for your insightful post!
Since ur a law student maybe you will know the answer to this...
1.) you say "A trademark is a symbol used by a person in commerce to indicate the source of the goods/service" ....doesnt a copyright fall under this definition as well? if i copyright my logo doesn't this indicate that this logo is mine and won't a copyright prevent other companies or people from replicating my logo or anything that even bears resemblance to my logo to sell their products?
2.) are you saying that copyright cannot be used in commerce? in short is trademark for = a big company and copyright= a small company???
Im still very confused if you can clear this up for me because it still seems to me that there is alot of overlap
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Thanks
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