Legal Question in Intellectual Property in New Jersey

Trademark question..

If you trademark a name does it cover anything you do with it? Such as drawings, t shirts, stuffed dolls, mugs, etc? Also, is trademarking the name enough or does it need copywrite too?

Thanks for your help.

Asked on 1/14/13, 7:28 pm

1 Answer from Attorneys

John Corbett Corbett Law Firm LLC

You don't trademark a name; you register a trademark. If you are using a mark, including what is termed a "word mark" in commerce to identify the source of the goods or plan to do that, you may be able to obtain the exclusive right to use that mark in commerce by registering it. The spectrum of goods and services covered by a mark is divided into classes and a separate application and fee is required for each class in which commerce is being or will be conducted. The mark is used to distinguish the source of the goods. It is distinct from copyright which protects the creative rights in works of authorship.

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Answered on 1/14/13, 9:16 pm

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