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Copyrights & Trademarks

4 replies [Last post]
Anonymous

So far the method i've been using for copyrighting my projects and games has been the "poor man's copyright" (mail 2 copied registered mail to yourself or businessname). but as i small company works harder and harder at actually making a product for sale I'm begining to wonder about official routes.

Questions
#1 Does anyone have a particular copyrighting service they've dealt with and would recommend? (or just go the official gov paperwork route?)

#2 Trademarking costs between 400$+ to have it done officially has anyone gone this route and do you have any particular companies you would reccommend? I'd hate to send a group 465$ and wait 5 months to find out i was robbed and now they have my ideas or logos...

Thank you for any assistance in this matter.

FastLearner
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Joined: 12/31/1969
Copyrights & Trademarks

"Poor man's copyright" doesn't do anything for you, unfortunately: http://www.snopes.com/legal/postmark.asp

Hoiwever, as soon as you put the expression of your idea into physical form, it's automatically copyrighted, so your'e covered.

However, if you wish to sue a copyright violator for infringement you'll need to register. It's really simple and you shouldn't need any kind of agent. Just fill out form TX ( http://www.copyright.gov/forms/formtxi.pdf ), attach one copy of the material to be copyrighted if it's unpublished, two copies if it's published, write a check for $45, and send it all off. There's nothing terribly tricky about it. (Note that if you're not registering any appreciable text -- like the text of your rules -- and are instead mostly registering pictoral stuff then you'll likely want form VA instead.)

I'm not help on trademarks.

-- Matthew

Anonymous
Copyrights & Trademarks

Thank you for the information and the link to the form... many many thanks!

bluesea
bluesea's picture
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Joined: 07/28/2008
Copyrights & Trademarks

I've found these sites helpful for trademark info:

http://www.uspto.gov/web/trademarks/workflow/start.htm

http://www.uspto.gov/web/offices/tac/doc/basic/register.htm

Not quite sure what the definition of establishing "rights in a mark based on legitimate use of the mark" completely means though...Anyone else have any trademark experience?

braincog
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Joined: 12/31/1969
Copyrights & Trademarks

#2)

You can use the USPTO website to do trademark searches and then all the forms are right there on their website for registering a trademark. There is really no reason to have another company do it for you.

However, a trademark is "automatic" when you begin using it in commerce. You can use the "TM" symbol next to your trademark without having to do anything. You also really can't register a trademark officially until you have begun using it in commerce (for the most part). Also, before spending all the money, just be sure you understand exactly what registering a trademark means to you. You may find that you can probably get by just fine without one.

Bill

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