Quick Answer: Can You Trademark Something That Is Copyrighted?

Can I trademark a name already in use but not trademarked?

A registered trademark offers legal protection to unique logos and designs affixed to a tangible object.

For this reason, you can’t file to register a trademark that someone else is already using if they used the trademark first..

Is Apple trademarked or copyrighted?

What Are Trademarks? … The Apple trademark is a good example: While an apple cannot be copyrighted, its artistic representation can be—its use as a symbol for an electronics and software company is protected as a trademark.

How long does trademark last?

How long does a trademark registration last? A trademark registration may remain in force for potentially unlimited consecutive ten-year periods as long as the owner meets the legal requirements for post-registration maintenance and renewal and timely files all necessary documents.

Use of the copyright symbol is more similar to use of the trade mark symbol, as work does not need to be registered in order to use it. … You can place the copyright symbol on any original piece of work you have created.

Generally, copyrights protect creative or intellectual works, and trademarks apply to commercial names, phrases, and logos. … Trademarks fall under the auspices of the U.S. Patent and Trademark Office, while copyrights are granted by the U.S. Copyright Office.

A copyright protects literary and artistic works, while a trademark is more focused on protecting items that define and identify a company’s brand, such as a logo. … Copyright and trademark provide you with that kind of protection, so it is imperative that you register for both and make sure you protect your brand.

Can a trademark have two owners?

Yes, you can trademark something with joint ownership. A trademark can have multiple owners. If two or more parties wish to acquire joint ownership, they may file jointly for the trademark. … As with any trademark, a jointly owned trademark must be used to promote or sell goods or services.

Can I use TM without registering?

The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it. The most common use of the TM symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO.

What is the difference between a registered trademark and copyright?

Copyright protects original work, whereas a trademark protects items that distinguish or identify a particular business from another. Copyright is generated automatically upon the creation of original work, whereas a trademark is established through common use of a mark in the course of business.

Can I sue someone for using my trademark?

A trademark owner who believes its mark is being infringed may file a civil action (i.e., lawsuit) in either state court or federal court for trademark infringement, depending on the circumstances. However, in most cases, trademark owners choose to sue for infringement in federal court.

How can I protect my logo from being copied?

If you want to protect your brand identity you have to register a trademark for your company name, logos, and slogans. By using the trademark symbol, you notify other people that products they use are your property. In order to prevent unauthorized use of your mark by third parties, you have to choose a strong one.

Does my logo need a trademark?

By common law, a logo is trademarked as soon as it’s used in commerce. … However, if you ever wanted to dispute another organization for using your likeness, your trademark would have to be registered with the U.S. Patent and Trademark Office.

What are the 3 types of trademarks?

There are four categories of trademarks: (1) fanciful or arbitrary, (2) suggestive, (3) descriptive, and (4) generic.

Can 2 restaurants have the same name?

2 Answers. The name of a company is not necessarily a trademark, so you are conflating two different concepts: A company name is the legal identity of the company, like your name is for you. … In general, within the same jurisdiction, you cannot have two company names that are the same.

When should I trademark my brand?

In many cases, a business will want to start the trademark application as soon as their LLC or corporation paperwork is filed. By filing for a trademark prior to launch, you can be sure that your name is protected once you begin commercial sales. However, there may be an even stronger reason to apply early.