I make baseball card break videos among other things on Facebook and am wondering if its possible to make it where nobody else can use my group name and photo
If it is inherently distinctive and no one else has it for similar services it might be straightforward if you fill out the forms correctly. If any of those assumptions are not present an experienced trademark lawyer could be invaluable.
This answer is written to explain situations which may come up involving intellectual property law issues. It does not give specific legal advice about specific fact situations. If you have a specific fact situation in mind you should ask for professional legal advice about the relevant facts. Seemingly minor changes in facts may change a legal opinion dramatically. Space here does not permit an explanation of all the variables in complex legal areas. Dave Brezina is an Illinois lawyer and his profession is regulated under the authority of the Supreme Court of Illinois. Although he represents clients nationally and internationally, his law practice is performed in Illinois and is not subject to regulation by other states. Dave Brezina is also a Registered Patent Attorney and a patent practice is regulated by the US Patent and Trademark Office a Federal agency and is not subject to regulation by the states. The firm, Ladas & Parry, LLP, has attorneys admitted and offices in at least Illinois, New York and California. Finally, do not post confidential information. There is not an attorney client relationship created simply by correspondence or communication with the author of this site.
A trademark designates a source of products. A service trademark designates a source of services. A Facebook group may provide both products like videos and services, like video services. Both can be things you can apply for. but be advised that Facebook owns their platform, and can delete your account whenever it likes according to its Terms, and that platform owns the right, non-exclusively, to reproduce (so they can act as host) your videos.
As for the videos themselves, they're also eligible for copyright protection, and you can register them with the U.S Copyright Office. Note that you're required to register copyright-eligible works for copyrights if you ever need to sue anyone for infringement.
As for the photo, if you took it, then you're the photographer and you own the copyright to it, and you can register it with the U.S. Copyright Office. Again, if it's posted on Facebook, then you're giving Facebook the right to reproduce it so they can have it o their platform. If you're asking if this photo can be a part of your trademark application, that's something you can discuss with your own IP lawyer.
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Is it possible to trademark your group name? Yes. But it depends on a few factors such as whether anyone else has already trademarked a similar name for the same goods/services. You can either apply for it yourself with the USPTO, or hire a trademark attorney.
It's also possible to copyright your photo (if you made it), and it's an easier process. Just register with the copyright office, or get an attorney to do it for you.
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