Question:

Would I use a copyright or trademark sign for the name of my photography business?

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trademark for the name or copyright b/c photography is art?

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  1. NO... You have a copyright simply by creating something that is not a copy of another thing. You neither have to state it or imply it. You only have to create it. On the other hand you do have to register a patent which is basically something unique that you invented. People seem to confuse them. It is a good practice when describing or showing your work to show a copyright date at the end of the description to show that you have ownership.

    By making notes of the date, you create a record so if litigation is ever needed you have a flowing record of ownership.

    The essential function of a trademark is to exclusively identify the commercial source or origin of products or services, such that a trademark, properly called, indicates source or serves as a badge of origin. The use of a trademark in this way is known as trademark use. Certain exclusive rights attach to a registered mark, which can be enforced by way of an action for trademark infringement, while unregistered trademark rights may be enforced pursuant to the common law tort of passing off.

    The owner of a registered trademark may commence legal proceedings for trademark infringement to prevent unauthorized use of that trademark. However, registration is not required. The owner of a common law trademark may also file suit, but an unregistered mark may be protectable only within the geographical area within which it has been used or in geographical areas into which it may be reasonably expected to expand.

    add: if your business becomes as large as General Motors, Microsoft, Yahoo... then you might consider adding the trademark to the name.

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