Pennsylvania Trademark Assignment and License Agreement Regarding Design Mark
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FAQ
Under copyright law, a simple shape, or one that is commonly used, cannot be copyrighted on its own. For example, no one can own exclusive copyright in a square, circle, oval, or diamond, or the common fleur de lis.
You might trademark a design for a logo, a label or product packaging. You gain trademark protection by using the design in business. A copyright protects original works of authorship. You automatically have a copyright in any design you create and fix in a tangible medium such as paper, cloth or a digital medium.
In the United States, every designer automatically owns the copyright to their work, except for in the work-for-hire situations mentioned above. There's no need to register a copyright with the US Patent and Trademark Office like there is to get the protections that come with patenting a concept.
To put it summarily, in case of an assignment of a trademark, there is a change in the ownership of the registered brand and in case of licensing, the right in the trade mark continues to vest with the original owner but only few restricted rights to use the brand/mark are given to the third party.
A trade mark protects any sign or symbol that allows your customers to tell you apart from your competitors. You can register a name, numerals, logo, slogan, designs, letters, domain name, shape, smell or sound. A trade mark must be: Distinctive for the goods and services to which you wish to apply the trade mark.
Because copyright focuses on original works of authorship, the selection and arrangement must have some degree of originality. Simple grids or commonplace layouts are not considered original. Copyright for the compilation will be separate from copyrights for the content.
The simple answer: Logos are not copyrighted, they are actually trademarked. Whether or not legal action is taken for replicating a trademarked logo is fully up to the company or entity that owns the trademark. A company still has legal rights to their logo even if it's not trademarked.
You cannot trademark a shape by itself. However you can trademark a logo that incorporates a unique shape, like Nike's famous "swoosh." This prevents others from using your shape on commercial products without your permission. To qualify for a trademark, your design must be original.
Did you know that your works are automatically protected by U.S. copyright laws? As of January 1, 1978, under U.S. copyright law, a work is automatically protected by copyright when it is created. Specifically, A work is created when it is fixed in a copy or phonorecord for the first time.
No, you cannot trademark clothing design. Since clothing designs are the blueprints for physical goods, you can't trademark them.