Quick Question

[Porfiro]

Advertisement Expert: Shannon Moore, TradeMark Express - 3/11/2007 Hello,     I was wondering what the difference is between a; Copyright, Service mark and a trademark? I am in the process of putting together a small business and I was wondering which of those, or maybe even something else I would need for the logo/Identity. Any help would be appreciated.                        Sincerely,                        Skyler

[Russ]

Dear Skyler,

Copyrights can be obtained for things of an artistic nature. This includes, of course, poetry, films, sculptures, music, fiction, etc. But can also include things that may not necessarily seem "artistic" in the general sense of the word. Copyrights can also be obtained for advertising copy, games, software programs and blueprints, to name just a few. Trademarks or service marks can be names of products or services, logos, slogans, packaging and even sounds and smells. In essence, a trademark can be almost anything that is used to identify a particular product or service. Registering a trademark grants the owner exclusive rights to the mark within the specified industry. Of course, it's necessary to research the mark comprehensively prior to filing to ensure that there is no possibility of infringing upon another party. This entails searching the pending & registered Federal and State trademark files as well as the US National Common-Law files. Then, if clear, you can decide if you would like to file for a Federal or a State trademark. To register a trademark, that's done either through your Secretary of State for a State trademark or the US Patent & Trademark Office for a Federal trademark. If you are only conducting business in one state, then a State trademark is most appropriate. If you conduct(OR are planning to conduct) business in at least 2 states OR between the US & any other country, you can file for a Federal trademark.

Hope that helps! I wish you much success & happiness in all your ventures!

Sincerely,

Shannon Moorehttp://www.tmexpress.comhttp://tmexpress.blogspot.com