Topic: LOGO - verifying lack of copyright?

Does anyone know of a way to verify that a new logo you create has not already been created and is trademarked, copyrighted or otherwise registered and waiting to cause you trouble?

I ask because I have an exceedingly simple design on my hands which just seems like 'surely it's been done before' like so:



Jason

Hmmmmmmmmmm ::: Not sure about that one. I used to work for an invention company and we would copyright and send in patent information for everything and anything. I wouldn't hinder you by registering it though. If someone els has it, then the older date wins. Simple really.

I understand copyright and trademark law, but I'd rather not find out after the fact. Hence the post, and the question^

Jason

We're going through a ton of intellectual copyright 'stuff' here at work -- patents, copyrights and trademarks. The only sure way I know of is to hire a team of trademark or copyright attorneys to do the research for you. Of course, that is expensive and you likely don't have that kinda budget. My next advice would be to check the library of congress or the US Patent and Trademark Office.

Here, I just found your question answered (from this page)

quote:

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Can I search for conflicting marks before filing?

Yes. You should search the USPTO records before filing your application to determine if any party is already claiming rights in a particular mark. You may conduct a search on-line at http://tess2.uspto.gov/bin/gate.exe?f=login&p_lang=english&p_d=trmk, or by visiting the USPTO Trademark Public Search Library at 2900 Crystal Drive, 2nd Floor, Arlington, Virginia. The library is open between 8:00 a.m. – 5:00 p.m., Monday through Friday. Both on-line searching and use of the Public Search Library are free.

Additionally, registered and pending trademarks may be searched at a Patent and Trademark Depository Library (PTDL). PTDLs are located throughout the U.S. See PTDL for a listing of their locations, or http://www.uspto.gov/web/offices/ac/ido/ptdl/index.html. Private trademark search firms will conduct a search for a fee. A listing of search firms can be found in the Yellow Pages of local phone directories or through an Internet search. The USPTO cannot assist you in selecting a search firm.

You can check the status of any pending application or registration through the Trademark Application and Registration Retrieval (TARR) database, available on-line at http://tarr.uspto.gov, or by calling the Trademark Status Line at (703) 305-8747.

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There's plenty of information there. Hope it helps.

[This message has been edited by mobrul (edited 06-12-2003).]

Fantastic maan, I appreciate it, I was all over gov trademark sites and never found *that*, my searches usually ended up here http://www.uspto.gov/teas/

That said, it still leaves a ton of room for doubt =

In my dealings with the lawyers lately (I got a corporate budget! ) I've found this intellectual property thing is a real pain in the ass. I totally respect intellectual property rights, that's not what I'm talking about. It's the beurocratic process and the extraordinary waiting time to get anything accomplished that's killing me...not to mention the uncertainty of the whole thing.

Ah well. Glad I could help.
Good luck.