Hello, I was curious how would I know if the current design I'm using is an registered trademark or not, as there are tons and tons of design out there for anything almost, at least text/brand can be easily to search since the copyright website provide searches for brand but I can't find an way of knowing if a design is never used or is under an copyright, as there is no way to search or find it.
Not sure what you are asking about exactly. A design, like the design of a website, is not usually subject to a Trademark. It would more likely fall under copyright. A logo or single image could be trademarked, but it seems like you are probably asking about something broader. If you are asking about a template with various components, then again it is a copyright question.
If you happen to come up with the same trademark as someone else, you may still be able to use it in a limited way. Certain text cannot be copyrighted, like words that sound like something else or changing letters, like phish instead of fish.
You should learn that copyright is the right of the owner to reproduce or permit someone else to reproduce copyrighted works. These 'works' can include a large variety of things such as articles, stories, journals, or computer programs, pictures and graphics...everithing that is the results of somebody's work and is published (with or WITHOUT the "copyright" mark). Take note that a web page is a HTML code, a JavaScript or other code that is written by someone, an author, a creator who has the on it! If you copy a theme/web page/design etc. you're stealing someone's work and this is not very good... "I can't find an way of knowing if a design is never used or is under an copyright"... Many corporations have programs called "spiders" that will search out for everything that is under copyright. You can try use one of those, but is not an easy task to do and it might be quite expensive. My advice is to create something original and you'll have no problems!
Publishing is not a requirement to gain a copyright over material one has created. All you need to do it put it in a tangible form.
Yes, you're almost right... This depends on where and how it was published, but generally blogs assume copyright on their content (text, image, html) despite the fact that they do not says this for every item that was published.
* I am speaking only about US copyright law * You seem to missing the point that publishing is not required to gain a copyright over the material. It does not depend on how and where it was published, since publishing is not even necessary. For example, a writer can write a whole book, never show anybody or publish it in any way, but they have a copyright on it the moment the put it on paper (or type and save it in a file). As for what, "blogs assume copyright on their content despite the fact that they do not says this for every item that was published" mean, I have no idea what you are trying to say. It does not make sense.
Yes, you're right, publishing is not not necessarily to gain a copyright, but now we're talking about web pages, and in this case there are not many people who create a page and keep it hidden somewhere. Last night I was very tired, so my words were not choosen too well..."blogs assume copyright on their content despite the fact that they do not say this for every item that was published"... let's translate: "each blog has a footer that says that all the content on that blog belongs to them (the blog owners), despite the fact that there is no super-big watermark on their articles, images etc.
Hello, Guys I do apologize for the insufficient details I've given. I actually don't mean like an website trademark or copyright. But actually like an product being offered for sale, with images design/style on the actual product, but how do I know if this image design/style product is under an copyright? like somebody already used it, because selling any type of products is worldwide, there no way I can find/know if its taken or not. Like let say for example I went to my local design shop, hired somebody to make an nice design for me with my ideas and their design, and they made it, and I asked my supplier to make the product using that style, but I will never know if its used/new since they made it and you can't search by design. Because I am looking to start my custom work but I want to know where to start off.
Sounds like you are talking about Trade Dress. It is a legal term describing the protectable aspect of a products design. I think the only way to know if your design is similar to someone else's is just to search. Mainly within the same niche since that is where the most likelihood of confusion could occur. If you are having something original designed, I think you just need to make it clear to your designers that you do not want it to look like any existing product on the market. http://en.wikipedia.org/wiki/Trade_dress Good luck!
Hello, Yes that's the issue. For example if I searched over my category niche and can't find anybody with my design, but after selling the design on my product for years, then comes an seller from an different niche with the similar/same design as mines, and reported us due to copyright that can be an issue too. I'm just curious how do people that makes their custom design does it, because there are thousands of niche out there, and millions of product in each niche there really no way to define it all, especially the fact that its growing daily. Lastly a question that just came up while writing this is that what if I find somebody in my niche, with an very similar design of mines, for example we both have the same "EXACT" type of "Flower & butterfly design" Except in different coloring and an extra "BUTTERFLY" on mines.
There is no "reporting it". Nobody else cares, it would be up to the party who thinks their design is being copied to sue. The only reason they would do that is if they thought it was seriously damaging their business. As for the butterfly example, you are making it sound like people could easily be confused between the two products and which company made it based on that confusion. If that is the case then the company using the design first would have a right to object and/or sue depending on the specific facts. The question to ask yourself is would some random customer seeing it on a shelf possibly be confused because the designs are too similar. If so, then it likely a problem.
Hello, I don't think customer cares about the design, as least for my niche. I'm just afraid how it will affect the other seller because if I am to make my custom design, it will of course affect the business if the design is good, and a lot of people gets attracted. I just want to create something out that no sue related is going to happen in the later future. I will of course go through registering the copyright if its get to the point that will sell, but yeah I want to be as safe as possible when creating copyright related stuff.