Sounds like a copyrigt/TM issue. If you talk to an attorney i would suggest using an attorney who specializes in copyright/TM law. Also once you get a copyright/TM you will have to spend money to protect it, meaning if you think someone is infringeing on the mark, you will have to pursue them. If you do not, your copyright/TM will be weakened, making it harder to protect in the future. This migt only effect TM.