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Could someone explain trademarks?
Author
My company isn''t registered or anything but I was wondering if there is a way to protect the material like art and source code for my game? If someone could explain copyrighting, trade marks, registered trade marks, etc... I would greatly appreciate it.Thanks,
-Corillian
1. Copyright - this is your right to protection of something you create (a book, painting, music, game). It protects the entire creation and also the parts of that creation (the whole game or just the art from the game). It exists automatically. It does NOT protect the idea behind the game. Just because you have done a space game does not stop others from doing one.
It does not need to be registered in anyway as it just exists. Still it is a good idea to ensure that you have proof of when you created something.
2. Trademark - This is a visual mark or logo used by your company (such as the Coca-Cola logo). It can be registered officially but either way (TM or Registered TM) you are likely to get protection from the courts if you can prove that the mark is in use.
Dan Marchant
Obscure Productions
It does not need to be registered in anyway as it just exists. Still it is a good idea to ensure that you have proof of when you created something.
2. Trademark - This is a visual mark or logo used by your company (such as the Coca-Cola logo). It can be registered officially but either way (TM or Registered TM) you are likely to get protection from the courts if you can prove that the mark is in use.
Dan Marchant
Obscure Productions
Author
So I can put TM''s on any of my artwork and src code and it won''t cost anything as long as it hasn''t already been registered and I am not registering it? Also is it a good idea to copyright all game material and does it cost anything? Thanks for your help,
-Corillian
-Corillian
Hi,
It''s no use to put a TM on source code. Trademarks refer to a brand name, not general stuff like code.
You can freely use the ''TM'' mark anywhere, you cannot use the R (circle with r) mark since this means the mark has been registered. Bear in mind though that any company can sue you if they have registered a similar mark to your ''TM'' mark (it doesn''t need to be exactly the same).
In short, TM provides ''free'' protection but not against officially registered marks. It''s up to you to decide to officially register a mark if you think it''s important enough. This process can take up to 2 years and cost 300 USD upwards though PER class (= group of products; software marks are now 600 USD). Later on you have to provide a statement of use and this involves more cost.
Hope this helps,
Cheers,
Mark Tanner
It''s no use to put a TM on source code. Trademarks refer to a brand name, not general stuff like code.
You can freely use the ''TM'' mark anywhere, you cannot use the R (circle with r) mark since this means the mark has been registered. Bear in mind though that any company can sue you if they have registered a similar mark to your ''TM'' mark (it doesn''t need to be exactly the same).
In short, TM provides ''free'' protection but not against officially registered marks. It''s up to you to decide to officially register a mark if you think it''s important enough. This process can take up to 2 years and cost 300 USD upwards though PER class (= group of products; software marks are now 600 USD). Later on you have to provide a statement of use and this involves more cost.
Hope this helps,
Cheers,
Mark Tanner
No you don''t put TM on your artwork. A trade mark is "a visual mark or logo" used by your company in trading. Some sort of visual symbol associated with the company.
Artwork and source code don''t count as trademarks. They would be covered by copyright. As I said before you don''t have to register copyright as it just exists. However it is a good idea to ensure that you have proof of when you created something.
Dan Marchant
Obscure Productions
Artwork and source code don''t count as trademarks. They would be covered by copyright. As I said before you don''t have to register copyright as it just exists. However it is a good idea to ensure that you have proof of when you created something.
Dan Marchant
Obscure Productions
The "registered trademark paradox":
quoting:
"you cannot use the R (circle with r) mark since this means the mark has been registered"
that''s right, now the funny part is this: trademark registration is dependant on each country so if you register your trademark in some countries but not in others then can you use the R with a circle or not? Specially in the internet where you cannot claim to be located in any specific country, actually citizenship doesn''t make a difference so the laws you should follow are the ones where you are located, and if that changes basically we can just think that the trademarks system should be somehow made international, international copyright is perfect, patents are a mess but there are some things that TRY to simplify patenting something in every country, the international aspect of trademarks is crap basically.
Something that they didn''t mention: in trademarks, use has priority over registrations, IN THEORY if you make a game called Whatever(TM) and you sell it/give it for free then no one can make another game and call it Whatever and register the trademark and add the R with a circle, the trademark remains yours and that registration could be cancelled by a judge, that''s as I said in theory, in the reality the one who wins is the one who can afford more lawyers. BTW does anyone know what happened with the lawsuit against Hasbro for the trademark "Spirit Wars"?
quoting:
"you cannot use the R (circle with r) mark since this means the mark has been registered"
that''s right, now the funny part is this: trademark registration is dependant on each country so if you register your trademark in some countries but not in others then can you use the R with a circle or not? Specially in the internet where you cannot claim to be located in any specific country, actually citizenship doesn''t make a difference so the laws you should follow are the ones where you are located, and if that changes basically we can just think that the trademarks system should be somehow made international, international copyright is perfect, patents are a mess but there are some things that TRY to simplify patenting something in every country, the international aspect of trademarks is crap basically.
Something that they didn''t mention: in trademarks, use has priority over registrations, IN THEORY if you make a game called Whatever(TM) and you sell it/give it for free then no one can make another game and call it Whatever and register the trademark and add the R with a circle, the trademark remains yours and that registration could be cancelled by a judge, that''s as I said in theory, in the reality the one who wins is the one who can afford more lawyers. BTW does anyone know what happened with the lawsuit against Hasbro for the trademark "Spirit Wars"?
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