Legal Question in Business Law in Illinois

copyright or trademark

I've come up with an advertising slogan that would be a strong marketing tool for any beverage company. Do I need a copyright or trademark to protect my interests?


Asked on 8/21/08, 2:06 pm

3 Answers from Attorneys
Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: copyright or trademark

At minimum you'll want a trademark. It would probably be a good idea to speak with an intellectual property attorney about how to do this the fastest way possible. It is my understanding that trademarks can take a long time to get registered.

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Answered on 8/21/08, 2:16 pm
Naheed Amdani Law Offices of Naheed A. Amdani, P.C.

Re: copyright or trademark

Yes, you need a trademark.

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Answered on 8/21/08, 4:49 pm
Adam Lasker Lavelle Law Group LLC

Re: copyright or trademark

Copyright protection is primarily a result of common law that has been turned into statutes. It's mostly federal law, although some states will vary. But, copyright protection is automatic and attaches to the work at its time of creation.

However, for business slogans and trade names, I agree with attorneys Hoenig and Amdani that you do need a trademark, which can be a complicated application process through the U.S. Patent and Trademark Office.

You should consult a trademark attorney. I am not a trademark attorney, but I know a good one here in Chicago: Tamara Head at Dineff Trademark Law, Ltd., www.dineff.com.

Good luck.

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Answered on 8/21/08, 5:03 pm


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