Legal Question in Intellectual Property in Florida
Trademarking
I am just starting out on (hopefully) forming an online business. I design Tshirts. Just wondering the best way to go about Trademarking my brand. Also, do I need to protect my designs or would they be covered under the brand trademark?
2 Answers from Attorneys
Re: Trademarking
The best way to trademark a brand is to have it registered with an authority of sufficient jurisdiction to enforce the rights a registered mark would enjoy. The real dilemma is how to go about policing your mark. As for the designs, a trademark just protects what it is - the mark. You would have to establish copyrights to all those designs and register those copyrights to the registered mark.
Re: Trademarking
It depends where you intend to use the mark. You could register with your state or federally. The designs, assuming they are pictures and the like, would be registered at the copyright office - though any wording might qualify to be trademarked.
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