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Is copying righting a logo better than trade marking a logo?

Atlanta, GA |

I have a business logo, and I want to protect it, but I don't know if it will become anything. Will a copyright of the logo still protect it? Or do i have to trademark it?

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Attorney answers 1


Look at these descriptions, and decide:

Copyright is for literary works (such as books), visual arts works, performance works, motion pictures, musical works, and the like.

A trademark (or service mark) is used to protect a word, phrase or symbol (or combination) which identifies goods or services and distingiushes them from those goods produced or services provided by others.

You mentioned a "business logo" which sounds more like a trade mark.

In general, because a trademark is a government-granted monopoly (as you can prevent others from using it) the mark needs to be used in commerce to obtain registration; however, if you have a bona fide intent to use the mark, you can file an application for registration and supplement it once actual use is occuring. The US Patent and Trademark Office ( has some good information which may answer your questions about the tradmark process. Note that the process and be difficult ot manage for those unfamiliar with it.

[This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]



Thanks boss....

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