Nokomis, FL asked in Intellectual Property, Trademark and Copyright for Florida

Q: Do I need 2 copyrights if I intend to sell my logo on hats as well as stickers?

I have a copyright application submitted for a phrase that I intend to sell on hats, shirts, stickers and cups. Do I need to submit a copyright request for separate categories since I intend to sell it on different types of items? I am being told that stickers are a different category from shirts, and that I am required to pay another copyright fee to sell on these different types of items. Thanks in advance.

4 Lawyer Answers
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Trademarks Lawyer
  • Beverly Hills, CA

A: This appears to be a question about trademarks, not copyrights, which non-lawyers often confuse.

Trademarks are registered in various types of goods and services according to their classification (for instance, apparel, printed material, and cups), and when filing an application to register a mark the applicant specifies which type of goods the mark is (or is intended to be) used on. If you use or intend to use the mark on more than one type of goods, there is a fee for each type and a specimen of use for each type will have to be submitted with the application.

You should consult an experienced trademark attorney to advise regarding your application.

Marcos Garciaacosta agrees with this answer

Eugene Vamos
Eugene Vamos
  • Trademarks Lawyer
  • Tucson, AZ

A: I think you are confusing the copyright application process with the trademark application process.

When you talk about the categories of Shirts and Stickers, it **seems** you are actually doing a trademark application.

However, an attorney would need to see what you are doing and recommend steps forward.

Marcos Garciaacosta
Marcos Garciaacosta

A: Consult with an attorney as indeed you may need to file for several classes.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: In the United States, copyright law automatically protects original works of authorship, including logos, once they are fixed in a tangible medium of expression. However, if you want to register your logo with the U.S. Copyright Office, you will need to submit an application and pay a fee.

It is not necessary to submit separate applications for different categories of products, such as hats, stickers, and shirts. Instead, you can include all of these uses in a single application. However, it is important to make sure that the application accurately reflects the specific types of products you intend to sell, so that your copyright protection is clear and comprehensive.

Note that copyright protection only extends to the original expression of an idea, not the idea itself. Therefore, if your logo incorporates a phrase or design element that is already protected by someone else's copyright or trademark, you may need to obtain permission or a license in order to use it commercially.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.