QUESTION

What would I do first, get the phrase copyrighted or the phrase and the logo together?

Asked on Mar 06th, 2014 on Patents - Nebraska
More details to this question:
I have a short phrase that I want to copyright with a logo but I need to find out if it's possible to copyright a phrase to put on Tee shirts, etc, I know you have to copyright the logo. Like a jingle. I don't want anyone else to use them. Do I search the patent website or just do a web search for the phrase? The phrase is only four words so should I look up the phrase with the logo? The phrase is a large part of the logo, also, how much does it cost to copyright the phrase, approx. Thanks for your help.
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3 ANSWERS

Appellate Litigation Attorney serving Boston, MA at Banner & Witcoff, Ltd.
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Unfortunately you cannot copyright a short phrase. You might be able to protect the logo and phrase as a trademark for your goods - but that requires an association between the phrase and the goods. Think "Don't leave home without it" - which is a trademark for the American Express Company. Not printed on the card - but advertised with the card. Search google and the US Patent & Trademark Office website - www.uspto.gov - for other uses of the phrase. Then contact a trademark attorney if you want to proceed. Costs can be as high as $2500 for federal trademark work.
Answered on Mar 07th, 2014 at 2:35 AM

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Intellectual Property Attorney serving South Jordan, UT at Pearson Butler
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You want to get a trademark, not a copyright. Look online for information about trademarks and that will answer a lot of your questions
Answered on Mar 07th, 2014 at 2:30 AM

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Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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First, you can't copyright most phrases. However, you can design a graphic that includes the phrase. The whole design will be protected, even if you can't deny others the right to use the phrase itself. Copyright protection begins when an original work is fixed in a permanent medium - when you draw the design on a piece of paper or on a computer (and save it), the design is automatically protected under U.S. copyright law. It's a good idea to include the copyright symbol 8 , your name, and the year on the design. You can also register your design with the U.S. Copyright Office in the Library of Congress for a small fee but it's not required in order to protect your work. You don't have to search for prior art prior to registration but you want to be sure that you're not copying someone else's work. FYI: a logo is usually considered a trade or service mark (the mark tells you who makes the product or offers the service) and can be registered either at a state or federal level. A patent is a useful thing or process and that is registered with the U.S. Patent and Trademark Office.
Answered on Mar 06th, 2014 at 11:59 PM

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