O/T need help -- trademark infringement

[Guest guest]

>

>

>> Hi Gillian,

> I was wondering if you could share your expertise with us here

> concerning the difference between the trademark, copyright and

> registered symbols and their appropriate use. For example, I have a

> tag-line for my business and I do not know if I need to register that

> as a trademark or if I need to get it copyrighted. Also, what is the

> difference between the TM symbol and the R symbol? I am in the US, so

> am interested in US law interpretation. Thanks for your help! Warm

> regards, Lori

 

Trademark, Copyright and Patent law all falls under the category of

'Intellectual Property' --- often an intangible creation with value.

 

Anyone can come up with a slogan... like Toyota's " what a feeling! " Not

very impressive, but they have it on all of their ads. This slogan can

have a TM mark after it. However, if they want Federal court

protection, the slogan has to be registered in the federal registry,

then they can use an R mark in a circle. Many things can be registered

as a trademark: Harley has registered the sound of their motorcycle,

NBC has registered their Peacock and the ding sound, yellow was

registered for a special cleaning cloth! Usually its names or

packaging that is registered. The idea is that a consumer knows what

he is purchasing, so a manufacturer may have protection against

confusingly similar items.

 

I did look at the parent company's website and then looked at the

product line called Witch. It is an extensive line of face care all

with witch hazel as an ingredient. We all naturally think that one

could not register this word, but when you look at the extensive

packaging, you could easily conclude that any company making face care

with the name witch could be confused. Check it out for yourself here

http://www.witchskincare.com/

 

In order to register a word, slogan, etc, it must be unique and have

been used in interstate commerce (sales between states). Slogans are

not usually registered but business names are. It depends on how much

you have to protect. The more unique the name, like kleenex or xerox,

the more likely you will be able to register. A common name, like

Apple, must have developed some special added meaning. By now, we all

know of Apple as a computer business.

 

Registered trademarks must be used and defended to be protected and

they may have to be reregistered to be protected.

 

Copyright is totally different -- it represents a unique artistic

creation. Copyright protection applies automatically when that

creative work has been 'published,' meaning demonstrated or performed

in front of more than one person in the public realm. If you want

federal court protection, they must be registered. To claim a

copyright, you use the C in a circle, and add the copyright owner and

date. That serves as notice to others of your claim.

 

Usually copyright attaches to pictures, music, that sort of thing.

Protection lasts a long time, often a lifetime plus 20 years, so that

heirs can have protection too.

 

I'm sure thats enough info to get you going.

 

Gillian

[Guest guest]

Thank you Gillian, you're a gem! Warm regards, Lori

 

 

> >> Hi Gillian,

> > I was wondering if you could share your expertise with us here

> > concerning the difference between the trademark, copyright and

> > registered symbols and their appropriate use. >