![]() ![]() If your image receives clearance, it would behoove you to work with an attorney, who will communicate with the USPTO during the trademarking process. If such an image is found, your image will not be eligible for trademark as it could potentially lead to confusion among consumers. When executed, this search will find not only exact matches of the image you wish to trademark, but images bearing too close a resemblance. ![]() Put simply, trademark clearance is permission you obtain to register a trademark after completing a thorough trademark search. Your first step in trademarking an image is to contact an attorney to attain trademark clearance. When you utilize an image in active branding, such as Nike's famous "swoosh" logo, it is imperative that you trademark that image. You can use the online portal to go through the process of registering with the U.S. For example, the name Nike and Nike’s swoosh logo both represent Nike’s. A brand can be represented in various ways, including a business name, a catchphrase or a stylized image. Copyright Office if you wish to enforce your copyright against someone else who is using your image without permission. Generally speaking, a trademark can be a word, phrase, symbol, design or a combination of these that identifies an individual’s or entity’s brand. However, you need to register the image with the U.S. Once you create an image or photograph, you "own" the copyright, as long as it is both original, and fixed to a medium (so, it can't just be an idea for an image.) As we covered in our trademarks vs copyrights article, different items get different types of legal protection. Add your image to start your application. Trademarking an image is a tricky subject, because we have often found that what folks really are after is a copyright. With Trademark Planet, you can apply for a trademark registration quickly and easily in minutes: 1. ![]()
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