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Do I need to trademark my design?

Asked almost 3 years ago - Chicago, IL

I am an athlete and, for fun, I have started printing shirts with a logo I designed. I have received good feed back and would like to start selling these items. How can I protect my design so it can not be taken? Should I trademark it?

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Attorney answers (3)

Daniel Nathan Ballard

Reputation Level 18

Answered almost 3 years ago. Intellectual Property Law Attorney in Sacramento, CA.

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The following is not legal advice and should not be relied on take or refrain from taking any action.

You should register the copyright in your logo with the Copyright Office. Download the applicable guide from http://www.copyright.gov/circs/circ40.pdf and follow the instructions.

If you intend to establish a business selling clothing with your design then you need to see a business attorney who will help to form your company and will discuss with you the potential for creating a branded line of clothes that uses the design as a trademark (at which point you should register your design as a trademark). Good Luck.

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Laura Mcfarland-Taylor

Reputation Level 18

Answered almost 3 years ago. Trademark Application Attorney in Bolingbrook, IL.

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I agree with Mr. Ballard regarding filing a copyright registration with the US Copyright Office.

I would urge you to seek trademark protection as well. Copyright is great, but I personally believe that you receive even greater protection of your rights through trademark protection.

While filing a copyright registration can be a “do-it-yourself” process, trademark applications are not a do-it-yourself process. Find an attorney that is well-versed in trademark protection to help you. Many work on a flat fee basis.

Good luck.

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Richard Byron Jefferson

Reputation Level 8

Answered almost 3 years ago. Business Attorney in Los Angeles, CA.

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I also agree with the copyright registration if this is a creative logo (i.e., not just a stick figure) but, as previously stated, copyright protection for a logo is not nearly as important as obtaining a trademark. It sounds to me like you are using this logo in connection with clothing so the trademark would fall under class 25. I cannot give you advice without knowing all of the details of your situation, but the short answer is, "yes", obtain trademark protection. Let me know if I can help.

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