Your photography is your trademark, once you get established. But before you become established, a 'trademark' may very well be an important element to your success. A distinctive logo or design to your letterhead can help you start looking familiar to photobuyers -- and help your name to be remembered. As your photography enterprise progresses, you will build equity in your trademark.

When you design your symbol, or logo (as a trademark is often called), be aware of a common error: the temptation to use the obvious -- a camera, tripod, an aperture symbol, etc. You will, of course, want to choose from 'things photographic,' but try for a combination or a particular adaptation that's all your own. Make it simple, and easy to remember. Recruit friends who are good at designing, drawing, and critiquing your work. Let them help in the decisions, based on the pointers mentioned above. Flip through the yellow pages to see how others have tackled the question of a logo. Don't be 'cute' in your design, it will soon wear off, and could even be offensive to clients. Don't be obscure, either.

Some hints: If you are a nature photographer, choose a design that reflects your specialty. Children photographer? Choose a classic shot of yours that lends itself well to a simplified sketch or drawing. But be careful not to "date" the hairstyle or clothing.

Aerial photographer? Tie into that.

One caution: Unless you are decidedly a specialist, don't be too specific with your trademark design. Example: you only photograph crocodiles. (It might be better to design your own logo to represent reptiles.) Besides, you might expand your collection to all animals- in which case it might be better to incorporate an animal in you logo to begin with. You might change your field in the future, and you will have lost the previous exposure you worked hard to build up for your original logo (trademark).

A trademark can also consist of the particular name that you give to your photography service, e.g. Johnson & Johnson.

Can another person copy (steal!) your trademark? Yes, a person can, but you have the advantage of common-law right to your name or design (or a combination of them), providing you were the first to use it. This, of course, would have to be proved by you, or by the other person who claims that she/he was there first to use the name or design (trademark). There have been some cases where it was impossible to prove who actually was the first to use a trademark, and the courts have ruled that the warring persons must 'share' the trademark. [By the way, trademark rights can be acquired only by actually using the mark: displaying it on your letterhead, rubber stamp, etc.]

If you want to be sure that no one steals your trademark, you can register it with the Commissioner of Patents and Trademarks, Washington, DC 20231. The cost is $375* and expect a waiting period of 2 to 20 months! Engaging an attorney can speed up the whole process, but the expense might not be practical.

Once you start the registration process, you are entitled to affix the symbol 'R' with a circle around it next to your trademark, whether your registration has been formally confirmed or not. It costs you nothing, plus it wards off any would-be infringers. (Similarly, you can place the copyright symbol, a 'C' with a circle around it, on your photographs whether you register them with the Copyright Office or not. It’s a bit of extra insurance to emphasize your ownership of the photo.)

Here's an important point: Trademarks are distinguished from copyrights and patents. Patents are for inventions; copyrights are for created works (like your photographs).

To conclude: Placing an "R" beside your trademark (i.e. your service or product name, symbol, design, or logo) costs you nothing and gives you a degree of protection. Registering costs you $375* and gives you airtight protection. Choosing a trademark is like naming a child. Do it carefully.

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Rohn Engh is director of PhotoSource International and publisher of PhotoStockNotes