Chamber005
Carbonite Member
So I'm in the process of looking into Corp and LLC stuff (and by in the process I mean that I'm not quite ready to shell out the 900 bucks yet), but in the interm I'm wondering about two specific trademarks. One is the trademark of the company name and the other is a trademark on a property we've developed.
Now I understand copyright law to be, essentially, that in the US a person holds copyright over something as soon as they've drawn, written or taken the picture, but that to actually sue someone who infringes on that copyright you'd actually have to have had your materials copyrighted under the law. (I just learned this last part recently. I always assumed that if I invented Star Trek and then someone came out with Star Trek that I could sue them -- but apparently that's not the case. If you haven't previously registered the copyright, although YOU can defend your work AGAINST lawsuits, you yourself cannot sue anyone (and win).) :huh:
Trademarks are a little different, though. If I came up with the character Captain America, I couldn't actually trademark the words Captain America, I can only trademark the logo and possibly the character design (like his shield for instance). The actual name and characteristics of Captain America would fall under copyright law, not trademark.
So I guess mine is a two part question.
1st -- which should I trademark first, the business logo or the product?
2nd -- since eventually I'm going to make the business an LLC or Inc, should I even bother trademarking its logo since the LLC or Inc is going to entail onwership of the business, not just by name, but by logo?
Like, McDonalds doesn't need a trademark. It only needs to trademark Big Mac or its golden arches.
Another option is to take out a DBA for the business, but I'd just assume put that money towards the LLC or Inc since a DBA does nothing to protect you or your personal assets in a lawsuit.
Now I understand copyright law to be, essentially, that in the US a person holds copyright over something as soon as they've drawn, written or taken the picture, but that to actually sue someone who infringes on that copyright you'd actually have to have had your materials copyrighted under the law. (I just learned this last part recently. I always assumed that if I invented Star Trek and then someone came out with Star Trek that I could sue them -- but apparently that's not the case. If you haven't previously registered the copyright, although YOU can defend your work AGAINST lawsuits, you yourself cannot sue anyone (and win).) :huh:
Trademarks are a little different, though. If I came up with the character Captain America, I couldn't actually trademark the words Captain America, I can only trademark the logo and possibly the character design (like his shield for instance). The actual name and characteristics of Captain America would fall under copyright law, not trademark.
So I guess mine is a two part question.
1st -- which should I trademark first, the business logo or the product?
2nd -- since eventually I'm going to make the business an LLC or Inc, should I even bother trademarking its logo since the LLC or Inc is going to entail onwership of the business, not just by name, but by logo?
Like, McDonalds doesn't need a trademark. It only needs to trademark Big Mac or its golden arches.
Another option is to take out a DBA for the business, but I'd just assume put that money towards the LLC or Inc since a DBA does nothing to protect you or your personal assets in a lawsuit.