Query: Is a federal trademark registration the best solution to defend a log design?Reply: It relies upon…The reply to this query relies on how you propose to make use of the mark in commerce. For instance, as an instance you develop a emblem or design that you simply and your folks actually like and persons are asking for a t-shirt that shows the emblem. So that you now plan on going into enterprise promoting t-shirts, sweat shirts, and so forth., together with your emblem prominently displayed. However earlier than you do, you need to be sure and defend your emblem design. Is trademark the very best safety?Keep in mind, a trademark is an identifier. The mark identifies to the consuming public the producer of a selected product, or within the case of a service mark, the supply of a selected service. With use in commerce, it turns into a recognizable emblem design which identifies your product or companies from these services or products of others. That is not what the emblem design is doing in our t-shirt instance. You aren’t a t-shirt, sweat shirt producer. You might be merely buying the clothes from one other supply to be able to show your new design. The emblem is just being displayed on the t-shirt, it’s paintings. In line with trademark regulation, subject material that’s merely an ornamental characteristic doesn’t determine and distinguish the enterprise proprietor’s items and, thus, doesn’t operate as a trademark. You aren’t utilizing the emblem design as a trademark, however as an identifier. I’d due to this fact not advise pursuing trademark safety however as a substitute, apply for copyright registration on the design.If nevertheless, you could have a product, and you propose to show the exact same new emblem on the product, and/or show the brand new emblem design on the product’s packaging in addition to the promoting supplies for the product, that is clearly utilizing the emblem as a trademark. With continued use in commerce, you might be educating the general public that after they see the emblem design on a product, or on packaging, or in promoting, that your corporation is the supply of the product. On this case, trademark registration is the best solution to defend the design.Is your title, emblem, design really a trademark, or extra ornamentation? The very same design emblem, nevertheless, in a single instance, copyright registration is the reply, and within the second instance, trademark registration is the reply. All of it relies on how you utilize the mark in commerce.