Trademark Question

On Copyrights, your are correct. When you create for eg. lyrics for a song it is automatically protected by copyright. Registration with the Copyright Office does not guarantee copyright if someone else can prove they created the work before you. (I am a music composer and have had my songs copy written.)

With trademarks, it is a little different. Trademarks protect your branding for products or services.
That means no one else should be using the same name or mark. You have legal recourse to tell them to cease and desist and/or take them to court and sue.

I owned certain names since 1981. Those names became a brand and well respected in the dance industry. Fast forward to 2005. People were using the name I created and gained financial benefit from it without my permission. This means loss of financial revenue to me. In one case it marred my reputation.

In 2013, I filed for Trademarks not only in the US, but in other foreign countries that the name was used. I was granted those copyrights despite I could prove use from 1981. I was granted it for what I was going to use the name im my trade or business.

Today I am licensing the use of the names or sending cease and desist letters. Have yet to take legal action and sue someone.

I believe what we do with IM is no different if you have a brand. It will be a call you need to make about registration for a Trademark.

Hope this helps.

Leilani

Also trademark protection may be limited to specific criteria and business. Especially if the trademarked brand is also a common word.

For example "Delta" is trademarked by Delta Airlines and no other airline can use their name and marks.

But "Delta" is also trademarked to Delta Faucets. Not at all related to the Delta Airline trademark and a different company. No other faucet or plumbing company can use their name or trademarks.

"Delta" is also trademarked by "Delta Hotels". Again completely different company and trademark than Delta Air or Delta Faucets.

The trademark can also apply to slogans and marketing phrases like: "Fly the friendly skies" or "I'm Lovin' it"

Trademarks must be registered and cost money. They are not automatic like copyright.

Copyright and Trademark are often confused. Especially in forum discussions. It is best to consult a lawyer to make sure you know what you need before spending a bunch of money or making assumptions about how your brand will be protected.

Also:
Once you own a trademark you are required to protect it. If someone violates your trademark and don't go after them then you could lose your trademark protection.

So a trademark will cost you money to register but it will also cost you money to defend if you want to keep it.

So far I know you have to register the trademark to avoid future problems.