The cost to copyright a design will vary depending on the specifics of the design and the country that you are in. If you are in the United States, the cost to copyright a design can range from $55 to $200.
This cost typically covers the registration fee, as well as attorney and other related costs. In most cases, it is typically more cost effective to hire an attorney to help you register your design with the US Copyright Office.
The fees can range anywhere from a few hundred to several thousand dollars, depending on the complexity of the case. Additionally, some states, such as California, may have different registration costs than other states.
It’s important to keep in mind that the fee you pay to copyright a design only covers registration and does not grant you exclusive rights over the design. To gain exclusive rights over the design, you may need to seek additional protection through a trademark or patent.
Table of Contents
Can you copyright a design?
Yes, you can copyright a design. Under United States copyright law, designs are eligible for copyright protection if they fall under the definition of one of the other exclusive rights provided by copyright.
The most common form of copyright protection for designs is as a “ornamental design of a useful article,” which is covered under 17 U. S. C. § 101.
For copyright protection to apply, however, the design must not only be novel and original, but it must also be reproducible. That means that the design must be capable of being reproduced in multiple copies, and those copies must be substantially identical and closely resemble the original design.
In addition, the design must be “tangible.” Tangible means that the design must possess physical form, as opposed to just being a concept or idea.
Finally, the design must not be a “useful article,” meaning that it must be capable of performing a function that is not solely ornamental. If the design is a useful article, such as a dress or a chair, it must have some form of mechanical or aesthetic utility that is separate from its ornamental design.
All of these elements must be satisfied for a design to qualify for copyright protection.
How do I protect my design from being copied?
The best way to protect your design from being copied is to ensure that your design is trademarked or copyrighted. Trademarking the design will help to prevent others from profiting from your design and limit damages if someone does copy it.
Additionally, if your product design includes unique features which can’t be easily reproduced, it may qualify for a patent.
It’s also important to be aware of potential risks, and take steps to minimize them. Have agreements and contracts with any third parties you collaborate with and ensure that any documents that contain confidential information are secured and agreed upon.
An agreement should include terms and standards that both parties understand and agree to; set guidelines for confidentiality, royalty fees, and the terms of sharing design files and evidence of the agreement.
Always consider registering your designs and intellectual property in each country or jurisdiction you intend to market your product in, as laws and regulations can differ between countries. In addition, consider registering and monitoring your design or trademark in relevant directories and websites.
To minimize the risk of someone copying your design, try to consider being invisible: be discreet in public regarding your designs, and avoid widely publicizing it.
Finally, if you believe someone has copied or imitate your design, consult with a legal professional to help protect your rights. It’s always beneficial to keep track of any designs you have created and the dates and locations in which they have been used.
Additionally, have records of all the efforts you took to defend and protect your design from being copied.
Can a design be trademarked?
Yes, a design can be trademarked, provided it meets the legal criteria of distinctiveness. A trademark is a distinctive sign, design, or expression which identifies products or services of a particular source from those of others.
To be able to obtain registration for a design, the design must be capable of distinguishing the owner’s goods or services from those of others and must be used in a commercial setting. Designs which have become common elements in the market, distinctive shapes or colors, or a combination of these along with words or symbols, can be trademarked.
It is also possible for unique and modern designs to be trademarked if they have acquired distinctiveness in the marketplace. In order to be successful in obtaining a trademark, the design must be clearly recognizable, and must be used consistently in marketing and advertising materials.
Do I own the rights to my design?
Yes, you do own the rights to your design. Under U. S. copyright law, rights in an original work of authorship are automatically granted to the author of the work upon its creation — this includes the copyright in a design or artwork.
You do not need to register your design with the U. S. Copyright Office in order to own the copyright (though registering your design can be beneficial). Copyright law gives you the exclusive right to reproduce and distribute copies of your design, create derivative works, and perform or display your design publicly.
Others are prohibited from exploiting any of your exclusive rights without first obtaining your permission, either through a license agreement or another form of legal authorization.
How do I get my design trademarked?
In order to get your design trademarked, you will first need to decide what type of trademark you want to create. There are two main types of trademark available: standard character marks and stylized marks.
Standard character marks are words, phrases, logos, or slogans that do not include any image design elements. Stylized marks, however, include imagery or graphic elements.
Once you have decided which type of trademark you want to create, you will need to conduct a search to see if your design is already trademarked by someone else. It is important to do this, as you could face legal repercussions if you infringe on someone else’s trademark.
You should search both the federal trademark registry and any applicable state registries.
Next, you will need to file an application with the appropriate trademark office. You can file an application online, or you can send it in via mail. Be sure to include any relevant documentation to support your application.
After you have filed your application, the trademark office will conduct a review. They will determine whether or not your design meets all the legal criteria for trademark protection, such as uniqueness and distinctiveness.
If approved, you will receive a certificate of registration which is proof of your trademark.
Once you have your trademark, you will need to take action to maintain it. That includes keeping up to date with any changes in the law and ensuring that you do not allow anyone else to use your mark.
Additionally, you may want to consider registering your trademark in other countries if you plan to do business on a global scale.
What is not allowed to be trademarked?
Most countries have trademark laws that prohibit certain types of words, types of marks, and types of goods and services from being trademarked. Generally, marks cannot be registered if they are purely descriptive or deceptively misdescriptive of the goods or services to which the mark is applied.
Additionally, marks that conflict with the public policy of a country or are considered immoral or scandalous are usually not permitted to be trademarked.
Moreover, marks that contain the flags, crests, or coats of arms of countries, states, or any other public authorities cannot be trademarked. Furthermore, slang terms, common phrases, surnames, and geographical indications are not allowed to be trademarked as well.
Additionally, trademarks that are similar or identical to existing trademarks also cannot be registered.
Finally, marks that consist solely of generic words or terms, that have become generic over time, or that depict the inherent nature of the goods and services are not allowed to be trademarked. In most countries, three or more generic words or terms cannot be trademarked, even if they are hyphenated or combined with the name of a business owner, or with a trademark symbol.
