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Kevin459

: Trademarking Multiple Logos Our startup clothing company is getting ready to trademark and promote our line, but the issue is that with each release of the line, there is a new iteration of

@Kevin459

Posted in: #Branding #Legal #Logo #Trademark

Our startup clothing company is getting ready to trademark and promote our line, but the issue is that with each release of the line, there is a new iteration of the logo featured. Each shirt features a primary and secondary design, and both are different with each line. Is trademarking required for each individual design to protect it? Or is there a way to trademark the base design that then covers future versions of the design?

Thank you

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@Turnbaugh909

Trademarking is not a "register and you're done" process.

Trademarking often requires extended use within an industry to show you are utilizing that brand extensively in that industry. And due to your usage you want to stake a claim on the brand for that industry so that no one can try and "knock off" or "mimic" the brand within that industry. To this end, it takes a record of how long a design has been in use in the industry, what that design is, and the different uses within the industry. You can't just claim it will be used in X, Y, and Z.... you have to show it has been used in X, Y, and Z.

When you see brands displaying the ™ symbol, it is an indication that the copyright holder intends to possibly register the artwork as a trademark and should anyone feel there's a reason it would violate or infringe upon an existing trademark, they should contact the company. This is done during the period of use trying to establish enough usage to register the trademark. There are no requirements to put a ™ symbol on any artwork, and the ™ in itself offers zero protection against any infringement or assistance with any such infringement. It's just a "flag", if you will, to pass on intent to others in the industry.

When you see the ® symbol it means the artwork has been trademarked and has staked a claim on that artwork for the industry in which it operates. This offers some protection against possible infringement. Or at the very least strengthens any case against infringement.

It can often take years of usage in an industry before registering a trademark is feasible.



It would seem that you are really inquiring about copyrights and not trademarks.

Trademark is not the same thing as Copyright

When you see the © symbol it means the artwork is copyrighted and no permitted use should be assumed without written permission from the copyright holder. However, it is not mandatory to present the © symbol on anything or even the word "copyright". Such indicators are done merely to strengthen any case against infringement. One can't claim to be "unaware" of a copyright if the symbol or word is present on the original piece.

All artwork is copyrighted the moment it is created. If you wish to register a copyright with the Library of Congress (LOC), you can do that as individual pieces or as a collection. Registration with the LOC is not mandatory. However, there are notable benefits if a copyright has the earliest registration date before a dispute over it arises.

You may benefit from exploring the United States Patent and Trademark Office and the United States Copyright Office websites.

If you are a "company", you need to discuss these matters with an attorney who is familiar with trademark, patent, and copyright laws, and protecting your IP. I'm a designer, not an attorney, and while I may have some experience dealing with such matters it is not my area of expertise and never will be.

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