Importance of a Custom Logo
A custom logo embodies business values, distinguishing you from competition. Safeguard intellectual property by learning steps for copyright and trademark registration. Research similar logos and trademarks before creating yours. Apply intellectual property laws and add the TM symbol to deter unauthorized usage.
Protecting Your Intellectual Property
One fueling the economy is intellectual property. Legally protected intangible creations cannot be used without consent. Companies and individuals should protect assets under this umbrella term.
Trademarks give you exclusive rights to use your logo and brand name. It prevents others from using similar marks that could cause confusion or dilute your brand’s reputation. By registering your logo as a trademark, you ensure that consumers can easily recognize and differentiate your products or services from those of your competitors.
Trademark Application Process:
- Complete a trademark search.
- Register Your Trademark with the USPTO.
- Police Your Mark.
- Consider Registering Internationally.
- Maintain Your Trademark.
The specificity of a trademark application is key; a well-defined application can prevent future disputes over the scope of your trademark’s protection. Trademark assignment is available only for trademarked logos.
The Risks of Not Trademarking
Without trademark protection, you risk revenue loss and impact on your brand reputation due to customer confusion. The other party could register the trademark successfully and now hold exclusive usage rights to a trademark logo design that belonged to your brand. This might necessitate rebranding in the future.
Common Law Trademarks and Registration
Common law trademarks are established by use in commerce, but for formal protection, you need to register. There is no way to register a logo trademark or get a federal trademark for free. You can register a logo with the USPTO by using the Trademark Electronic Application System (TEAS).
Protecting Your Logo
You can trademark your logo, a combination of words, shapes, specific colours, images, and even phrases under protection law. Your trademark needs to be distinctive and original. If you design a logo for yourself or your business, you might have two forms of intellectual property protection on it: Trademark to prevent others from using it in the marketplace and Copyright to prevent most other unwanted copying.
Consequences of Not Trademarking
If you don’t register your trademark, you might still have some common law rights. However, it’s often harder to win infringement cases, and it’s more difficult to stop others from using similar logos. If you’re serious about your brand, registering a trademark shows the world your intent.
Final Tips on Trademarking
Protect your logo and brand by registering a trademark. File a U.S. trademark application establishing common law rights, taking 13-18 months for official registration. Trademark protection includes words, symbols, phrases, and aspects like color and packaging. Can names have copyrights? Names lack copyrights unless attached to logos with enough creation. However, protect names via trademarks. Monitoring is difficult. Oral contracts enable logo rights if payment was not received. Register trademarks globally via U.S. systems. Attend intellectual property events.
Artwork copyright registration protects rights. It begins automatically on creation and covers types like paintings, drawings, photographs, sculptures, and more. Copyright differs from trademarks and patents. Brands should be recognizable, lawful, emotional, and consistent.