QUESTION

FROM COPYRIGHT TO TRADEMARK

Asked on Feb 19th, 2018 on Copyrights - South Carolina
More details to this question:
What if i copyright a design can i later come back and Trademark that design? Thanks Patsie
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1 ANSWER

Counterfeiting Internet Trademarks Attorney serving Washington, DC at Roka IP Solutions
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Certainly one can have both a copyright and a trademark registration for the same design.  However, as a trademark is a brand or identifier of the source of particular goods or services offered in commerce, one would need to be either offering goods or services under that trademark, or have the intent to do so shortly, in order for it to be federally registered.  Having a trademark search conducted prior to filing a registration application is advisable, to ensure that it is not already in use as a trademark somewhere.  (The search would also be useful to see if anyone is infringing upon the copyright.)
Answered on Feb 26th, 2018 at 11:00 AM

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