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Copyrighting my Logo

Discussion in 'Intellectual Property & Trademarking' started by The Cue Store, Dec 26, 2012.

  1.  
    The Cue Store

    The Cue Store Junior Lab Tech

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    I've had my logo created as you might have seen, and I was wonder how I would go about copy-writing it and maybe registering it as a trademark.
     
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    Mark

    Mark Moderator Staff Member

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    If your designer transferred copyright to you, you don't need to "copyright" it. In fact in the UK there's no such process - it just resides with the creator of the work on creation.

    As far as a trademark goes, you should consider protecting the phrase 'The Cue Store' and similar variations of.

    Spensive though...
     
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    The Cue Store

    The Cue Store Junior Lab Tech

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    Protecting the phrase "The Cue Store"?
     
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    Mark

    Mark Moderator Staff Member

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    Sorry, the name.
     
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    The Cue Store

    The Cue Store Junior Lab Tech

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    Oh right, get you now Mark :)
     
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    Replacemyscreen.co.uk

    Replacemyscreen.co.uk Trainee Lab Tech

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    Can you please provide some more detail on this?
     
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    Mark

    Mark Moderator Staff Member

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    I'm not sure what else to say or how to elaborate?! :)
     
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    INDIZINE

    INDIZINE Junior Lab Tech

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    Basically, if you create a unique design then you automatically own it.
     
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    The Cue Store

    The Cue Store Junior Lab Tech

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    Is mine unique?
     
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    INDIZINE

    INDIZINE Junior Lab Tech

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    I have no idea.

    You would normally have to do searches to make sure that it, or something closely like it, does not exist in order to a) claim copyright on it (should you ever need to defend it) and b) trademark it, which is a separate issue.

    The words/name 'the cue store' may be unique, but the overall design/logo mark could still infringe another similar one if it existed.

    You can't trademark a word that has a real meaning anyway, so yours may not be eligible for trademark registration. But if it's unique in design then you would already have the copyright on it, so long as your graphic designer hasn't copied it, in full or part, from another.
     
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    cjd

    cjd Junior Lab Tech

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    As already said, so long as you've bought the copyright from whoever made the logo for you, there's nothing more you need to do.

    It's highly unlikely you could trademark 'The Cue Store', as it's purely descriptive.

    You might possibly trademark the logo and name as an image - costs between £500 and £1,000, depending which lawyer you use. I'm doubtful whether that's much use to you though.
     
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    INDIZINE

    INDIZINE Junior Lab Tech

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    Be aware too that copyright does not automatically pass to you from a graphic designer - something you need to question and clarify when purchasing, because without any mention of it, means they still own copyright on it, and not you.
     
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    Mark

    Mark Moderator Staff Member

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    Yes - get it in writing! :)
     
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    PPC-Karim

    PPC-Karim Graduate

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    I wouldnt worry about this to be honest. There are other things to worry about - AFAIK copyright will transfer to you unless otherwise stated in contract e.g. designer explicitly state on contract "designer retains copyright of all works". I doubt they'll put that clause in though. Nobody would do business with them if this was the case.

    Normally it would say "designer retains all copyright until all design fees are paid in full" - which is fair.

    regarding TM. Dont waste you time. Just buy the .co.uk and .com and other domains that your customers might type in. Even then - but dont get crazy and start registering 10+ variations of your domain.

    as far as Tm/copyright is concerned.. it's only worth it if you have the funds to take someone to court and sue them. For most small businesses it's simply not worth wasting court fees over. copyright/TM violations only become a concern after you become an established brands as other people create knock offs of you brand and try to piggyback from your brand power. Otherwise nobody will bother to rip off your copyright.

    BTW. Not to be a logo snob but your logo isn't really a logo. It's more of a clipart/drawing than a logo. Logos should have symbols rather than drawings. Something really simple like a cue seperating the "cue" and "store" or something.
     
    Last edited by a moderator: Jan 1, 2013
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    The Cue Store

    The Cue Store Junior Lab Tech

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    You are the 1st person to say my logo isn't a logo, I guess people have different opinions on everything.

    What about companies like Mazuma Mobile they don't have a symbol, they have their little orange man or B&Q they don't have a symbol either.
     
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    PPC-Karim

    PPC-Karim Graduate

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    OK the symbol is optional. Many brands will use a bespoke font which is recognizable on its own. e.g. Google/facebook/twitter all use custom fonts which can be recognized simply by their initials (but I suspect that's more down to their brand power and recognition than the logo itself).

    [​IMG]
    the custom font and the colour and letter/box arrangement is a unique symbol.

    [​IMG]
    I suspect the font used are custom or exclusive. the arrangement of the name is distinctive. The character is more of a mascot than a logo (i think).

    There will be a few exceptions though. Most will use a very simple emblem/symbol.

    p.s. my browser dictionary is American. hence lot of ize instead of ise.
     
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    ROiBOT

    ROiBOT Graduate

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    Sorry Karim has it the wrong way round. If there is no agreement in writing to transfer the rights, the designer owns the copyright to everything they create. Applies to everything creative, including photography.
     
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    PPC-Karim

    PPC-Karim Graduate

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    Yes, quite possible^

    My knowledge is weak in this area so I could be wrong. There's varying laws in this based on your geographic location. So different rules apply. I mainly deal with US clients and contractors so my knowledge is often marred with the variety of different legislation from different territories.

    90% of my outsourcing work goes through freelancing sites and they tend to cover your back as far as copyrights are concerned, because on their TOS/contracts the policy is that contractor gives up copyright after the work is paid for.

    3rd party info.
    Who Owns Copyright From Elance Outsourcing?
     
    Last edited by a moderator: Jan 2, 2013
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    ROiBOT

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    Different rules, same solution. Get it in writing before the work starts is the safest.
     
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    Replacemyscreen.co.uk

    Replacemyscreen.co.uk Trainee Lab Tech

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