Would this be a trademark? Copyright?

Posted in the Patent / Trademark Law Forum


United States

#1 Jun 12, 2011
I have an idea for a piece of art I want to create. It would be in the category of mixed media and I want to lay claim so to speak to the process. Now I know that if you decide to improve on, say, the flyswatter with a motorized swatter or something, that is legal because you are changing the original and I think I know that, because the end result is three dimensional, you would need a trademark for protection. Well my artistic piece is going to be three dimensional and so if I want to protect my process I need to get a trademark as opposed to a copyright right? Or can I use a copyright?

Better example:

I saw an article in an art magazine once in which a lady made some little itty bitty chairs. They all had basically the same body and were made out of the same components except there are a few that are more elaborate. Did she trademark that method or could she have just gotten a copyright? I'm assuming since her work was in a national magazine she did one or the other.


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