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    4 Replies Latest reply on Apr 28, 2008 2:44 PM by nytaxguy

    I was wondering?

    lovita3 Newbie

      My small business Logo how can I make it only mine? for example no one else can use it type of thing
      do I need to copyright it and if yes where??
        • Re: I was wondering?
          LUCKIEST Guide
          Small business Logo, Tell us more.
          How long have you been in business??
          Do you have a Lawyer?? an Accountant??
          Since we do not know what kind of business, my best suggestion
          is to ask your Lawyer.
          There are Lawyers who specialize in Copyright Law.
          Good luck, LUCKIEST
          • Re: I was wondering?
            Lighthouse24 Ranger

            To protect your logo as described, it would have to be registered as a trademark or service mark (whichever was applicable).

            A trademark identifies and distinguishes the source of a product. A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service. A copyright protects the expression of an idea, usually an artistic or literary work.

            That's not to say that copyrighting a logo isn't also necessary sometimes -- for example, if a graphic artist created your logo as work for hire, you would be entitled to copyright that artistic expression -- which would keep the artist from giving someone else a derivative or confusingly similar logo. If you didn't pay the artist to create it, the artist would own the copyright and be entitled to repurpose it into future designs, if desired. (If you created it, it's yours to do with as you wish.)

            I hope that was clear (it's not an easy concept to explain or understand sometimes, so feel free to ask a follow up if necessary). Best wishes.
            • Re: I was wondering?
              Lighthouse24 Ranger
              I forgot . . . here's the link to the Patent and Trademark Office:

              and the Copyright Office:
              • Re: I was wondering?
                nytaxguy Wayfarer
                If you incorporate your business name within the logo you may be able to protect it simply with a DBA which in upstate NY you can purchase at the county clerk's office for around $50. No one would be allowed to use that filed business name within a certain number of miles without subjecting themselves to possibel lawsuit.