Los Angeles, CA asked in Copyright, Patents (Intellectual Property) and Trademark for California

Q: Hello i have a question What is the difference between copyright, patent, trademark? Wound i need to have all 3

I want to design a logo so would i need all 3

Trademark, copyright, patent

2 Lawyer Answers

A: You'd just trademark it.

Kevin E. Flynn
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  • Pittsboro, NC
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A: You may want to start with this slide set http://bit.ly/Protecting_Advantages to introduce yourself to protecting your competitive edge. The United States Patent and Trademark Office has their own guidance on the differences between patent, trademark, and copyright at https://www.uspto.gov/trademarks-getting-started/trademark-basics/trademark-patent-or-copyright .

If your logo is being used to identify your company or a line or products then you have the option of seeking Federal registration for a trademark (a mark indicating the source of the goods). A federally registered trademark is an optional step but gives you additional protection and options for seeking damages if someone infringes your trademark.

You may want to consult with a trademark attorney who would know how to register a trademark in your state (some states require this).

While you can obtain a design patent on an ornamental appearance of a product (such as the shape of a sneaker or a pair of sunglasses), that does not seem the right tool to protect the concept of your logo.

I hope this helps.

Kevin E Flynn

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