Legal Question in Business Law in New York

Re: Buisness Letterhead Question

Generally no.

Copyright protects works of authorship; in general, letterhead doesn't measure up to the "work of authorship" standard.

If you have a unique design that you want to have your customers associate with your business, then trademark may be appropriate FOR THAT DESIGN. However, the design would likely have to be used in more than just your letterhead.

If you need further help with this matter, please contact my office.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

Re: Buisness Letterhead Question

You are not required to file a trademark application. You derive trademark ownership from use not registration. If you use the trademark before anyone else then you may have rights in that trademark. However, registration does have many benefits including but not limited to: putting the other side on notice that you own the trademark, triple damages, attorney's fees, etc. Please feel free to contact my office if we can provide any assistance in this matter.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

Re: Buisness Letterhead Question

It is not "necessary" to register a trademark on a design or logo, however, many companies do so in order to protect their intellectual property. The reason that registration is a favored option is that registration is necessary if you ever have to seek to enforce your trademark - and it puts parties on notice of your mark.

If you have further questions or want to pursue registration as an option, please feel free to get in touch. I handle trademark registrations on a flat fee basis.