Full question:
Our church has a logo that we paid an artist to draw for us. Do we have to trademark it? We will use our logo on our website, t-shirts, stationary, etc.
- Category: Copyrights
- Date:
- State: Wisconsin
Answer:
Trademarks are words, pictures, designs, or symbols used to identify a
product. A service mark is a word, picture, design, or symbol which identifies
a service. Coke is an example of a trademark, while Holiday Inn would be
an example of a service mark. The Lanham Act of 1946, as amended,
provide protection for marks registered with the U.S. Patent and Trademark
office. There is also a common law protection for a mark. This results from
developing and using the mark. Registration is merely proof that you own
the mark. The mark must be unique and nongeneric. The owner of the
mark must take steps to make sure that the mark stays unique and does
not become generic. Xerox has taken steps to protect its trademark.
Advertisements have been taken out by Xerox stating that Xerox is a noun
and not a verb or adjective; you photocopy a document rather than
Xeroxing it; and copies are photocopies and not Xerox copies.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
