Asked in Trademark

Q: Do I need to have a company to create a trademark in order to own it or can I do it just... myself?

And I don't understand if there's a difference between label and a trademark and in order to have my own "productions" which one do I need?

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1 Lawyer Answer
Mark A. Baker
Mark A. Baker

A: I assume you're referring to a record "label" and the productions that label produces. Here's the definition of trademark and service mark found at the Trademark Office: A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others. A service mark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of a service rather than goods. Some examples include: brand names, slogans, and logos. The term "trademark" is often used in a general sense to refer to both trademarks and service marks. So, a registered trademark protects the "brand" of the label against infringement by others.

On the other hand, a record label is simply a business that produces recorded music and then works to get that music into the market place. It is not necessary to register your service mark in order for a record label to produce recordings. However, it is a good idea to do so as soon as you begin to publicize your "brand" of record label.

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