Q: Hi, Can someone take trademark one of my copyrighted design? Thank you
A:
You can trademark your copyrighted design by incorporating this design on goods and/ or services in interstate commerce. Whether you will be awarded a trademark depends on prior use of the same or similar mark. To determine the availability you need a full trademark search of all databases. If you come across someone who is using your copyright design for trademarking purpose with out a license from you, then it is copyright infringement. You can sue that individual or organization for damages. Please check the below link for further information on full trademark search and trademark application process. https://affordabletrademarkattorney.com/trademark-faqs/why-get-full-trademark-search-before-uspto-application/
Disclaimer:
The response is general in nature and cannot be construed as legal advise. If you would like to have legal advise, then please consult any competent trademark attorney or me privately to discuss your case and establish proper attorney-client relationship.
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