Q: Hi, I own an online shop selling digital designs, just wonder how to trademark an image. Thank you

A: A trademark generally protects images or items that identify a company broadly, such as its logo. The U.S. Patent and Trademark Office has some resources on their website, which walk applicants through the process.

Copyright protection may be more appropriate for what you're describing here, if you're seeking to protect each work of visual art. The U.S. Copyright Office offers similar instructional resources.

If the resources available from those offices don't get you through the process, contact an attorney who focuses on intellectual property issues for visual artists.

A: Are you seeking to trademark the individual digital designs that you sell, or are you seeking to trademark a particular image that you use to represent your business (ie. a logo)? As the other attorney indicated, if you are preparing creative digital designs that you sell to your customers, those designs are likely more appropriately protected by copyright, not trademark. One issue you would definitely need to consider though would be who holds the copyright--your customer may expect that they get the copyright as a "work for hire" when they purchase it from you. There are a number of rules when it comes to "works for hire" in independent contractor situations (which I assume you would be). Even if you retain the copyright, the customer would likely need at least a license to use the design.

If you are instead talking about an image that you use to represent your business, like a logo, then trademark is the correct form of intellectual property protection. Best practice is actually to register both the name/slogan and the logo separately. This can be done with either the state (if you only offer your products/services within a single state) or with the U.S. Patent and Trademark Office if you offer them in multiple states.