Trademark /copyright advice
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Description
Legal topic: Copyright/Patent
Description of legal work: I am looking to get some advice to which parts of my brand ( if any) I can or could Trademark or copyright
Extra notes: I have a silversmithing studio from which I run make your own wedding ring workshops
I have a logo and "branding"
From what I can tell I think I am not able to trademark my logo because it looks like a hallmark?
The brand is called "the Quarterworkshop" I am based in the Jewellery Quarter Birmingham
what I am most interested in is if I can trademark a phrase related to my business which is
"I made you this ring"
its a play on the words used in some wedding ceremonies and in the ceremony the phase is I give you this ring.
So the "give" has been swapped for "made"
So I am looking for advice on which bits of my brand I might be able to protect and your thoughts on the phrase.
Here is my website www.thequarterworkshop.com
Very much look forward to hearing from you
Victoria
Victoria D.
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Hi Victoria, you have common law rights (which are acquired through usage) and will prevent someone else from copying your business AND also copying your logo or tagline, as long as you can demonstrate that you used both before them - the easiest way of doing that is taking out a cheap magazine advertisement somewhere and ensuring it shows both on the page).
Patent Office - indeed, the only situation where common law rights would be insufficient, is if someone copied your entire business online as you do need to demonstrate they are breaching a registered trademark to WIPO (the organisations that deals with internet disputes) - and the fact that your logo is based on hallmark designs shouldn't preclude you from registering it with the Patent Office online yourself, unless another workshop course provider has a similar logo and objects - although your design is based on hallmark designs from the Assays Office, the reality is you are not competing against them and they probably wouldn't raise an objection.
Hope this saves you some money - as appointing patent agents is expensive and from what I can see unnecessary in your case anyway.Victoria D.20 Jun 2016thank you very much for this - it is really helpful!