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Copyrighting your candle designs


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A trademark isn't about the idea, but actual use in commerce. If you're serious about having a mark that you plan to register and defend, a public internet forum with an audience of hundreds or more candle people may not be the most prudent place to conduct the brainstorming. Names you publicize here are free for the taking unless you're ready to seriously use them. If someone sees a name they like and starts selling candles with it, they'll document first use and may prevail in any claim to the mark.

Also consider the real costs. You should have an intellectual property attorney to help with the registration and legal fees are the most expensive part. Then you need to defend the mark. Some legal assistance can be helpful for cease & desist letters and miscellaneous advice and consultations. If a real dispute arises, you'll of course need the attorney and thousands of dollars to take it to court.

You may argue you can do it yourself for the price of registration fees. Possibly, but it may be money down the drain unless you start making major profits from use of your mark. All you've really gotten is the "right to sue" as some lawyers like to say, but a trademark is useless unless you actively defend it.

Stuff I learned from my Skadden Arps attornies and from experience, back when I owned a company and registered some marks of my own.

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My understanding is, yes it costs $300 bucks, and yes it will be copyrighted, but the litigation to control your copyright will cost thousands after someone infringes upon it. The piece of mind is only there if you can afford to 'go after' someone who copy's your stuff. It's the nature of the beast in this business; one idea lends to a thousand replicas.:confused:

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