Your brand and business are protected by trademark and copyright against legal issues. It includes unauthorized use of your copyrighted work. Or it includes the name and trademark of your company.
In this piece, we’ll show you How to Trademark and Copyright Your Blog’s Name & Logo.
- 1 Why Should Your Blog Name and Logo Be Trademarked and Copyrighted?
- 2 Reasons to Avoid Registering Your Blog Name as a Trademark
- 3 What’s the Difference Between a Trademark and a Copyright?
- 4 How to File a Trademark Application
- 5 How Do You Copyright Your Blog’s Logo?
- 6 Enforcing Your Copyright and Trademark
- 7 CONCLUSION
Why Should Your Blog Name and Logo Be Trademarked and Copyrighted?
In the United States, registering a trademark is not required to create a company website.
Suppose you have a humble personal blog or company website that you have no intentions to expand. Then the copyright already protects your creative efforts.
Suppose you’re conducting business in many states and want to expand. Then registering your brand and copyright becomes critical.
You may prevent others from using a similar business name. In this case trademark and copyright will help you.
You can obtain the exclusive right to use your brand for commercial purposes.
It also makes you liable for trademark enforcement. It implies that if you come across someone who is violating your rights, you may report them.
Then you must write them a cease and desist letter and take legal action.
Reasons to Avoid Registering Your Blog Name as a Trademark
Your blog is only a hobby for you.
There is no need to register a trademark if you do not intend to earn from your website.
A commercial element to your blog is required to be eligible for a brand.
You have no intention of enforcing your exclusive rights.
The registration of a trademark is only the first stage in the process. You’ll also have to save time and money tracking down infringers.
If you don’t intend to do so, you may not need to register your blog name.
It might lead to unexpected legal battles.
Once the trademark examiner has approved your trademark. Then it will publish in the Trademark Office.
Third parties then have 30 days to file a trademark objection to your application.
These can lead to lengthy, costly legal battles. It can completely change the direction of your organization.
What’s the Difference Between a Trademark and a Copyright?
Your intellectual property rights are protected by both copyright and trademark. That is why the two words are often used interchangeably.
What exactly is a copyright?
Copyright covers a wide range of creative works. It includes written word, text, pictures, illustration, artwork, and more.
The copyright rules protect position as soon as it is put in a physical form.
Copyright laws protect all unique information on your website without your intervention.
What exactly is a trademark?
Wordmarks, business names, symbols, sounds, or colors are examples of trademarks.
It is used to distinguish goods and services from those made or sold by others. And it identifies the source of the items.
Said, this might be your company name, logo, brand mascot, or product name. You cannot register your name as a personal brand until.
It is genuinely distinctive and well-known. It includes Marks & Spencer, Johnsons & Johnsons, Calvin Klein, and so on.
It is critical.
Note that:- copyright does not provide the same level of protection.
For example, under the ‘Fair Use’ concept, you may use parts or all of your copyrighted work.
Trademarks that have been registered cannot be utilized. It also enables you to protect your brand from fakers.
It is for those who use identical names to deceive your potential consumers.
If you already hold a business license in your state. It does not automatically protect your company’s name as a trademark.
In reality, someone with the same or a similar name can register it as a trademark. It prevents you from using it.
How to File a Trademark Application
First, you must 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.
- Your name can’t be too close to a trademark that already exists.
- It must be different and not generic.
You can use the Trademark Electronic Search System on the Trademark Office website. It does a detailed search of existing trademarks.
This step is critical. It can help you save money if the trademark has already been registered or filed for by someone else.
You can look for a wordmark, a design mark, or a free form combination using the advanced search.
If the trademark is not already registered. You can apply for it. For this you have to visit the Trademark Electronic Application System. That is on the USPTO website.
There are three application forms available, each with a different cost.
On the website, you will also find information on which form to use for your application.
The application forms are lengthy. You must also complete all the essential fields.
After submitting the application form, you will receive an email confirmation. Following that, you must wait for the approval.
Filing a trademark application is a legal process that must handle it with caution. We recommend that you hire a lawyer to assist you with your trademark application.
You may also use online legal service providers. It includes CorpNet or LegalZoom. It offers low-cost legal services to small businesses and someones.
How Do You Copyright Your Blog’s Logo?
As before stated, all creative works are immediately protected by copyright laws. But, registering your copyright will provide you with an extra layer of protection.
It is dependent on your location in the world. You can usually find out where and how to apply for copyright in your region online.
The technique will change based on the laws and processes in your nation.
Suppose you live in the United States. Then you may apply for copyright by going to the website of the United States Copyright Office.
You must first select a suitable category for your creative work.
For instance, suppose you want to copyright your logo. Then you’ll get to the visual arts area. You’ll need to go to the ‘Other digital material’ category to find blog articles.
On the next page, you will download the application form. You can also download instructions in various formats.
You can also apply online for copyright registration. You will be required to produce copies of the material you are attempting to protect.
In the case of a logo, you can offer high-resolution pictures.
After you’ve applied for copyright, depending on the volume of applications. It may take a long time to hear back from the copyright office.
Suppose you find the procedure difficult. Then you may make use of services such as CorpNet or LegalZoom.
That provides low-cost legal services to consumers and small companies.
Enforcing Your Copyright and Trademark
Once your trademark or copyright has been registered. Then you are responsible for keeping it free of infringement.
The USPTO office will not let anybody register the same or similar trademark. But some people can still use it without registering.
It is the first step towards securing your trademarks. And copyright means displaying your registered trademarks. Copyright protection on your website.
The Trademark and Copyright symbols inform people. They cannot exploit your protected properties for commercial purposes.
Suppose your blog’s content or logo has been stolen. Then you can write them a stop and desist letter requesting that the content be removed.
You can also submit a DMCA (Digital Millennium Copyright Act) complaint. And search engines such as Google request that the stolen content be removed.
Suppose a company or blog begins utilizing your registered or pending registration trademark. Then you may write them a stop and desist letter as well.
You can also file a lawsuit to take more action if required.
Consider the following before registering the copyright for your blog:
Only the content submitted will be protected as registered copyright. It will not safeguard any future material you produce and offer.
That is, each time you add material to your blog. You must create a new register.
Filing a new application every time you upload material might be costly. Here is the reason why copyright registration might be helpful:
Suppose you have a significant number of subscribers. And those who read your site get fresh thoughts.