Do you want to trademark and copyright the name and logo of your blog? Your brand and business are protected by trademark and copyright against a variety of legal challenges. This includes unauthorized use of your copyrighted material or the name and logo of your company. We’ll show you how to trademark as well as copyright your blog’s name and logo to protect your business in this article.
Why Should Your Blog Name and Logo Be Trademarked and Copyrighted?
In the United States, registering a trademark is not required to create a business website. If you have a small personal blog or business website that you do not intend to expand, your creative works are already protected by copyright.
If, on the other hand, you’re doing business in multiple states and want to expand, it’s critical to register your trademark and copyright.
You can prevent others from using the same or similar business name by registering your trademark and copyright. You can obtain the exclusive right to use your trademark for commercial purposes.
It also makes you responsible for trademark enforcement. This means that if someone is infringing on your rights, you must send them a cease and desist letter and, if necessary, pursue legal action.
Distinction Between Copyright and a Trademark
Both copyright and trademark protect your intellectual property rights, which is why the two terms are frequently confused.
What is a Copyright, and how does it work?
Copyright covers a wide range of creative works, including the written word, text, images, illustrations, and artwork. Copyright laws protect a work as soon as it is put into a tangible form.
In layman’s terms, copyright laws protect all original content on your website without you having to do anything extra.
What is the definition of a trademark?
Wordmarks, business names, symbols, sounds, or colors, on the other hand, are used to distinguish goods and services from those manufactured or sold by others and to identify the source of the goods.
This can be your company name, logo, brand mascot, or product name, to put it simply. However, unless your name is truly unique and well-known, such as Marks & Spencer, Johnsons & Johnsons, Calvin Klein, and so on, you cannot register your own name as a personal brand.
It’s important to remember that copyright doesn’t provide the same level of protection for your company or logo as a registered trademark. Under the ‘Fair Use’ principle, for example, some or all of your copyrighted work can be used.
Trademarks that have been registered cannot be used, and they allow you to protect your brand from impostors who use similar names to deceive your potential customers.
If you have already registered as a business in your state, your business name will not automatically be protected as a trademark. In fact, someone could register a trademark with the same or similar name as yours, preventing you from using it.
How to File a Trademark Application
To begin, you must first determine what you are permitted to submit as a trademark in your application.
- You cannot submit a name that is already being used as a trademark by someone else.
- There can’t be too much of a similarity between your name and an existing trademark.
- It must be one-of-a-kind and not too generic.
Next, use the Trademark Electronic Search System, or TESS, on the US Patent and Trademark Office website to conduct a thorough search of existing trademarks.
This step is critical because it can save you money if another party has already registered or applied for the same trademark. You can look for a wordmark, a word or a design mark, or a free form combination using advanced search.
If the trademark is not yet registered, you can apply for it on the USPTO website using the Trademark Electronic Application System, or TEAS.
There are three different application forms to choose from, each with its own set of fees. On this page, you’ll also find information on which form to use for your application.
You must complete all required fields on the application forms, which are quite detailed.
You will receive an email confirmation once you have submitted the application form. Following that, you must wait for the approval.
A trademark application is a legal process that should be handled with caution. We recommend that you hire a lawyer to assist you with your trademark application. You can also use online legal service providers like CorpNet or LegalZoom, which offer low-cost legal services to individuals and small businesses.
How Do You Protect Your Blog’s Logo From Plagiarism?
As previously stated, copyright laws provide automatic protection to all creative works. However, registering your copyright will provide you with an additional layer of protection.
You can usually find out where and how to apply for copyright in your region online, depending on where you live. The procedure would vary depending on the laws and procedures in your country.
If you live in the United States, you can apply for copyright by going to the website of the United States Copyright Office.
You’ll need to find the right category for your creative work first. If you want to apply to copyright your logo, for example, you’ll go to the visual arts section. You’ll need to go to the ‘Other digital content’ category to find blog content.
On the following page, you can download the application form along with instructions in a variety of formats.
Copyright registration can also be done online. You will be required to provide copies of the work you are attempting to safeguard. You can, for example, provide high-resolution images in the case of a logo.
Depending on the volume of applications, it may take a long time to hear back from the copyright office after you submit your application.
If you find the process difficult, services such as CorpNet or LegalZoom, which provide low-cost legal services for small businesses and individuals, can help.
Enforcing Your Copyright and Trademark
Once you’ve registered your trademark or copyright, it’s up to you to keep it safe from infringement. Despite the fact that the USPTO will not allow anyone to register the same or similar trademark, it can still be used without registration.
The first step in safeguarding your trademarks and copyright is to make your registered trademarks and copyright protection prominently displayed on your website.
The Trademark and Copyright symbols indicate that others are not permitted to use your protected properties for commercial purposes.
If your blog content or logo has been stolen, you can send them a cease and desist letter requesting that they remove the content. To have the stolen content removed, you can file a DMCA (Digital Millennium Copyright Act) complaint with their hosting provider and search engines like Google.
You can also send a cease and desist notice if a business or blog starts using your registered or pending registration trademark. If necessary, you can also file a lawsuit to take further action.
Please keep in mind that nothing in this article should be taken as legal advice. Kindly consult an attorney if you have any questions.
We hope that this article has taught you how to trademark and copyright the name and logo of your blog. You might also want to check out our guide to making money online if you want to start making more money from your blog.
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