Newbie needs help!

[DestinyRae]

So I've noticed businesses claiming they have copyrighted the scent names of their products...is that a smart thing to do? How do you go about that and does that mean no one else is allowed to use that specific name?How do I look up this up to avoid causing issues with other local vendors? 

Also what do you guys suggest for designing your own logo?If it's made on a build your own site or app is it ok to use or should it be trademarked...and best label making process (a way to be able to edit different scent names). Sorry for the newbie questions:) 

[KrisS]

www.uspto.gov    If they're telling you it's under copywright, they're likely confused.   My understanding is it should fall under a trademark designation.

[TallTayl]

Not sure how I missed this thread....

 

copyright and trademark are different. If someone is claiming copyright, it is generally geared toward literary works like videos, books, etc. trademark protects business assets that define the brand, such as logos, names, etc.

 

Companies like Lush trademark the fragrance names, and defend them vigorously. Some makers get around that using the word "Type" after the name and the TM. Why tempt fate and borrow trouble? When you can, definitely change names to protect yourself, and to help define your own brand .

 

It is not easy to trademark common names or terms, so if you do go that route really research anyone and everyone that might be using it in your business category before applying. The application process is not cheap, and if it is found to be untrademarkable that application money is down the drain. 

 

If you can afford to do so, I would trademark the company logo and name. 

 

As for logo design, I just went through this for the umpteenth time. It took a lot of thought to figure out who I am at this point in my venture, and to capture that in my new logo. I sketched about a thousand versions, then one jumped out at me. It was a mistake, actually, but it resonated with me and my business partners. It tells MY story. 

 

And finally labels... if you are skilled at desktop publishing, you will be ahead of the game. I use the Microsoft suite of office products to run my business. I combine access and PowerPoint to create the types of labels for all of my products. There's nothing wrong with any program you choose so long as you can make labels without tearing your hair out.

 

HTH, TT

[DestinyRae]

On 5/27/2017 at 9:29 PM, TallTayl said:

Not sure how I missed this thread....

 

copyright and trademark are different. If someone is claiming copyright, it is generally geared toward literary works like videos, books, etc. trademark protects business assets that define the brand, such as logos, names, etc.

 

Companies like Lush trademark the fragrance names, and defend them vigorously. Some makers get around that using the word "Type" after the name and the TM. Why tempt fate and borrow trouble? When you can, definitely change names to protect yourself, and to help define your own brand .

 

It is not easy to trademark common names or terms, so if you do go that route really research anyone and everyone that might be using it in your business category before applying. The application process is not cheap, and if it is found to be untrademarkable that application money is down the drain. 

 

If you can afford to do so, I would trademark the company logo and name. 

 

As for logo design, I just went through this for the umpteenth time. It took a lot of thought to figure out who I am at this point in my venture, and to capture that in my new logo. I sketched about a thousand versions, then one jumped out at me. It was a mistake, actually, but it resonated with me and my business partners. It tells MY story. 

 

And finally labels... if you are skilled at desktop publishing, you will be ahead of the game. I use the Microsoft suite of office products to run my business. I combine access and PowerPoint to create the types of labels for all of my products. There's nothing wrong with any program you choose so long as you can make labels without tearing your hair out.

 

HTH, TT

It's okay:) Thank you so much for taking the time to reply with all your helpful info!:)