Legal Question in Intellectual Property in Michigan

I need to know how to copyright and trademark my business?


Asked on 10/25/09, 11:49 pm

2 Answers from Attorneys

Rohini Kumar Tenneti R.K.1080 LEGAL SERVICES

For copyroght you don't have to get registered with any Govt.department but for Trademark you are supposed to get registered for obtaining a valid Trademark from Govt.

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Answered on 10/31/09, 3:08 am
Sarah Grosse Sarah Grosse, Esquire

To be clear, you don't copyright and trademark a business. A business is an entity, and you register the business entity with the state as appropriate. The business entity may own copyrights and trademarks. I could enter into a treatise to explain what is a copyright and what is a trademark, but it would be better if you could see the FAQ sections on the government websites www.copyright.gov and www.uspto.gov for this information.

After you understand what copyrights and trademarks protect, you will have different questions. Such as, how do I obtain a copyright? And, how do I obtain a trademark? The answer is that the rights arise through creation (copyright) and use (trademark), and neither one needs to be registered necessarily. However, to obtain the best scope of protection and enforceability, it is best to register copyrights and trademarks.

You can register copyrights and trademarks yourself. However, I caution you that while the process to register looks simple, only a skilled attorney knows the implications and pitfalls of the information provided in the registration process. In the case of trademarks, it is imperative that you know whether your mark is in fact registerable (either by itself or over a prior registration) before proceeding to avoid legal complications.

I recommend that you see an attorney in Michigan who is experienced in copyright and trademark law to assist you. Good luck!

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Answered on 10/31/09, 9:17 am


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