Trademarks and Copyrights

Name and product recognition are an important part of establishing and maintaining a successful business in our free market society. This rule is equally true for goat meat producers. Unless you have a long term production contract that guarantees a buyer for your product in advance, then you rely on the public’s awareness of your product and your reputation in order to sell your product. Trademark and copyright laws encourage this by enabling you to protect your trademark and/or logo from others who might want to try to benefit from your name and reputation. The United States Patent and Trademark Office (USPTO) defines a trademark as “ a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others.” Trademark registration of your logo is not required by either state or federal law. There are benefits, however, of registering your trademark with the USPTO. The primary benefit is that registering your Trademark with the USPTO allows you to establish nationwide ownership and control regarding the use of your registered logo. Trademark registration does not require the assistance of an attorney. The USPTO does suggest using an attorney if there are any questions regarding the complicated process of registering your trademark. Detailed information regarding the registration process is available at the USPTO website (www.uspto.gov/main/trademarks.htm).

While registering your Trademark will protect your exclusive use of your logo or trademark, it may additionally be beneficial to copyright the logo as well. Copyright protection is different from trademark protection in that copyright protection is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright registration, like trademark registration, is not required by state or federal law and is not required to establish the existence of your copyright. Registration is required, though, before you can bring suit against a party for copyright infringement. Copyright registration is done through the United States Copyright Office. The United States Copyright Office is a department of the Library of Congress. Registration is relatively simple and does not require an attorney for completion. Detailed information regarding the registration process is available at the United States Copyright Office website (www.copyright.gov).

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