Im in the process of starting my own canna brand as a fun little side project. I just spend some decent coin having a custom logo designed by one of my favorite horror themed artists. Id really like to protect this design from being stolen and used by someone else. How do i go about this?
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I’m just here to learn and bump this back up !
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I also do not know but I want to follow along. I’d imagine that a trademark / copyright lawyer would know all about this stuff. Or a lawyer who handles IP. Maybe there are some who would do a free consultation?
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You could check here.
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legal zoom dot com
I just know the cost is kind of a pain. You need more than one depending on the number of products you plan to trademark. For your case just a single trademark on the design will do.
Here is the cost according to chatGPT
The overall cost of creating trademarks at both state and federal levels varies based on several factors, including the number of classes of goods/services you’re registering and whether you enlist legal help. Here’s a summarized breakdown of the typical costs:
Federal Trademark Costs (via USPTO)
- Application Filing Fees: $250 to $350 per class of goods/services, depending on whether you use the TEAS Plus or TEAS Standard application.
- Statement of Use Fee (if filed under “intent to use”): $100 per class.
- Renewal Fees: $400 per class every 10 years.
- Additional Costs: Potential legal fees, fees for responding to USPTO Office Actions, and costs involved in opposition proceedings.
State Trademark Costs
- Application Filing Fees: Typically between $50 and $100 per class.
- Renewal Fees: Similar to the application filing fee, every 5 to 10 years depending on the state.
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Additional Costs: Potential legal fees if you hire an attorney.
There are a lot of things to consider with trademarks, state or federal for one. Then
Total Estimated Costs
-
Without Legal Fees:
- Federal: Initial application and registration can range from $250 to $450 per class, excluding maintenance and renewal fees.
- State: Generally, $50 to $100 per class for application and similar for renewal.
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With Legal Fees:
- Additional costs could range from several hundred to several thousand dollars, depending on the complexity of your trademark and the hourly rate or flat fees of your attorney.
Considering the differences in protection—state trademarks offering protection only within a single state and federal trademarks offering nationwide protection—the choice between them should be informed by the scope of your business operations. Keep in mind that legal fees can significantly affect the total cost, especially if the trademark application process encounters legal challenges.
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It is 3 or 4 forms from the Federal trademark commision. You will need scanned representations of any marks and logo. I did it for an electric vehicle company a few years ago. Good luck finding the designation that they require you use. You have to use one of theirs. The process is mostly online until they contact you to ask questions.
Nice, you want to pay Robert Shapiro, OJ’s lawyer.
We also need to factor in the cost of defending the trademark.
If someone steals it you first send them a cease and desist letter.
If they don’t comply then you have to take em to court.
What if they are in china?
I might suggest you hide something in the logo if possible.
This will allow you to show proof of ownership and if you can do that most sites will take down the stolen logo.
Redbubble is a good example art and such is stolen all the time.
The site will take it down if you can prove you own it or made it.
But there you are dealing with bots so there is that.
Summary
Personal property rights are hard to prove and defend and can be costly.
Even if you have a trademark your art can be easily stolen and used maybe without you even knowing.
I hope I was not a Debbie downer…sorry Debbie. 
@Heliosphear
May know a thing or 2 about protecting your art.
Good luck whatever you choose
shag
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This all sounds like a royal pain in the ass!!!
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Here is a good example of a stolen logo.
I informed puzzle piece and he has been too busy to do anything as far as I know.
Did I just seriously get recommendation shamed?🤷
They make it super easy to do pretty detailed stuff not a lot of people have patience or time for.
WTF is wrong with some people? Every lawyer on Earth has taken a prick for a client. It’s what they do. Keep counting up shit you don’t like about specific lawyers and you’ll be out of lawyers before you know it.
Having spent the last 35 years in the legal profession I have a pretty good idea about lawyers.
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Having hired many and being a personal assistant to one I can honestly say a lawyer is pond scum without the pond. The only client they are loyal to are dead presidents!
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i say this all the time. lawyers are why the process is so expensive and not likely to go anywhere unless there is a huge amount of money involved. the process isn’t that bad, but like @shag said, defending it is where the costs lie. i almost did it once until i learned what happens if you don’t defend a case or prosecute a stolen trademark. you have to defend against every single one in order to keep it, and as stated, some are stolen without the owner’s knowledge. wtf is wrong with folks indeed, allowing a legal system such as we have in the us to pervade society and damn near ruin it.
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Start creating a record by using your logo different places online. Anyone that uses it after you have been publicly using it will then have to prove who used it first.
Scammers who sets up a fake account in your name is a different issue and trademarks won’t stop scammers.
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