tech-company, website, intellectual-property, copyrightI’m starting up a website, who, what, when, where should I go to apply for trademarks or copyrights on my website name and logo.
I have the domain. Isn’t that enough?
I also have slick logo and want that not to be taken. Is there an independant copyriight law protecting my site once its live next year or do I need to pay and register. If so, where do I go to do that?
As Alain mentioned, anything you write or create (think media such as pictures, logos, artwork, sculptures, etc) is copyrighted by default.
Make sure you provide a copyright notice. Your work is copyrighted when you publish it, but an infringer isn’t necessarily liable for any damage done to you by infringement UNTIL they are notified of the copyright (i.e. the copyright notice).
You also won’t be able to sue an infringer until you file your work with the Library of Congress (if I remember correctly). Your work is copyrighted, but you must file before you sue. This can be done online for a modest fee, but usually isn’t worth it for a website, especially a dynamic one. It is typically more useful for published books (a static work) or the like.
Trademarks vs. Service Marks – are very similar. The basic difference being that trademarks are for GOODS being sold and service marks are for SERVICES being sold.
Trademarks (or Service Marks) are also somewhat tricky. A trademark - even of a logo - exists by using it in a given locale but ONLY in that locale, and ONLY for the goods (or service) it is used for. These are denoted by the superscript TM for trademark and SM for service mark. In other words - if I had a trademarked logo and sold trees using that name and logo, you could use the EXACT SAME name and logo and sell cars - it goes back to the concept of whether you would be confusing my customers and therefore doing damage to my business.
A trademark/service mark can be extended to cover the entire US by registering the mark with the USPTO (U.S. Patent & Trademark Office). You can do it yourself, or use an intellectual property attorney (RECOMMENDED!). This is denoted by the “(R)” (circle-R) symbol. I believe this will not override any existing default marks that have been in use and are currently being used in a given locale. Furthermore, this is a rather significant investment, and has usage requirements (i.e. something along the lines of your mark registration will expire if you aren’t actually USING the mark for the goods/services within a certain amount of time or if you cease using the mark for a certain amount of time).
A local intellectual property attorney - usually handles copyright, trademark, and patent work, unless they are a specialist.
USPTO website (they also have a link to pro bono help for small startups/individuals, as well as self-representation help)
Local inventors groups, innovation centers, startup groups.
Local chamber of commerce can sometimes be helpful, at least in pointing you towards help.
As Alain pointed out, your primary focus is to maximize the value of your website. HOWEVER, if intellectual property issues are not thought out beforehand (like you are doing) then you can run into difficulties later that cannot be fully rectified at that date.
No, a domain is not enough. It is not a copyright. As Alain partially pointed out, it isn’t really copyrightable. However, it can be an extension of your trademark / service mark (e.g. you could register Wal-Mart.com, but Wal-Mart could probably file with the proper agency and force it to be transferred to them, since you would be infringing their trademark).
This is NOT legal advice, only pointers from experience in startups. Contact an attorney for qualified legal advice.
Copyright is on by default on everything you create. You cannot however copyright your name (it’s too short and generic). You are probably thinking of getting a trademark for your unique name (such as “Windows” for computer operating systems).
Why are you worried about people stealing your logo? Will that impact your site in any way? Don’t worry about this, worry about building a site that your customers will find and like.
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