Is the More You Know Trademarked
Yous know those little superscript symbols next to brand names and logos—™ and ®? They're the trademark and registered trademark symbols, respectively. And if you have a logo or you're in the process of creating a logo, agreement these tips for trademarking a logo can save you lot time, money and headaches as you grow your brand.
By but having a logo, you have what'due south known every bit a mutual law trademark for your logo. That means that, without doing anything paperwork-wise, you have the sole legal right to use and amend that logo as yous meet fit. But without an officially registered trademark, that right isn't as secure as information technology could be. Here we answer the meridian questions about trademarking a logo.
- Trademark basics
- The process of trademarking a logo
- Owning and protecting trademarks
Trademark nuts
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What is a trademark?
A trademark is a legal designation that protects a piece of intellectual belongings from infringement.
Let's break that down.
Intellectual property is any blazon of original creation. Almost anything can be a piece of intellectual property: a drawing, a song, an innovation, a unique process, a novel, a movie, an invention, the code you've adult, a recipe and in some circumstances, an awarding of a scientific discovery.
If y'all create something, it's your intellectual property. You have nigh-total control over your intellectual property, which means you get to decide if and when to sell it, who you license its use to and the circumstances nether which the license is granted, so what licensing entails and what it costs the licensee. You likewise control how it can be added onto, similar in the form of a sequel.
When somebody else uses your intellectual property without your consent, information technology's known equally infringement. However, at that place are a few circumstances under which another party may use your intellectual belongings without your consent—in the United states, these are covered by the Fair Use Doctrine.
Exterior these circumstances, infringement is illegal and as the possessor of the intellectual property, y'all have the right to take legal action confronting anybody infringing on your intellectual belongings. Intellectual property infringement is something every designer should have at least a bones understanding of.
How is a trademark different from a copyright?
A copyright does the same matter as a trademark. The difference between them is the specific types of intellectual property they protect:
- A copyright protects artistic endeavors like novels, works of visual art, short stories, characters' names and fictional worlds, songs, code and other types of creations that don't explicitly exist for commercial purposes
- A trademark protects intellectual belongings that does exist for explicitly commercial purposes, like make names, logos, taglines and slogans
What does a trademark protect?
A trademark solidifies your buying of your intellectual holding. By merely creating and using a logo, you automatically take the sole right to use it and take legal activeness against infringement. Just by registering your trademark, that correct is strengthened and you gain boosted legal protections.
In the United states for example, trademarks are registered with the U.s. Patent and Trademark Office (USPTO). Other countries have similar agencies and offer like trademark protection through them.
Registering a trademark with the USPTO grants yous the following rights and protections:
- The correct to take legal activeness against alleged infringement of the trademark in federal courtroom.
- The public is notified of your trademark registration.
- You are legally presumed to own the trademark and hold sectional rights to employ it in relation to the goods and/or services listed in your registration.
- It paves the mode for you to register your trademark in other countries more easily.
- Yous may prevent the importation of strange appurtenances that infringe on your trademark.
What can't it protect?
A trademark can't grant you lot the exclusive right to anything generic. For example, yous can't name your business "Juicy Oranges" and expect to trademark the name and a logo featuring the name.
A trademark likewise can't prohibit others from using your intellectual property in ways compliant with the Off-white Use Doctrine. By and large, Off-white Apply allows others to utilise trademarked and copyrighted work in ways that won't lead to consumer confusion.
We cover these in greater detail in our blog post on the things every designer should know about intellectual property and trademark infringement.
Is a trademark enforceable around the world?
No. Trademarking your logo only grants you trademark protection in the state where you lot filed for the trademark. Although trademarking your logo in one land can make it easier to trademark it in another, you demand to file for a split trademark in every state where y'all desire that legal protection.
Who owns a logo trademark?
When you design your ain logo, you do. When yous committee a designer to create a logo for y'all, the trademark is transferred to you one time y'all purchase it from them. Ordinarily at that place's a Transfer Agreement that both parties sign.
Equally the trademark owner, you determine where the logo appears, how the logo is updated or amended and which parties may license it for use in their own materials.
The process of trademarking a logo
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Can I trademark my own name?
Yeah. However, it needs to be for a business concern-related purpose.
Let's say your name is Sarah Keller and y'all create custom resin earrings. You can absolutely trademark a business name like Sarah Keller Jewelry or Earrings past Sarah.
But in this instance, trademarking your proper noun but protects your intellectual holding in the business category you're working in. If there'south another Sarah Keller out in that location and she decides to trademark her photography business' proper noun, Sarah Keller Photography, she tin can admittedly do that without worrying about infringing on your copyright.
Remember carefully nearly trademarking your name equally your brand name and making it function of your logo. Though information technology's an easy mode to create a unique mark, you're also giving your proper noun to something that exists separate from you—and even if you get out the company years in the future, that make will nevertheless be operating under your proper name.
This is what happened to Great britain style designer Karen Millen. After playing a key role in edifice her retail visitor to the global brand information technology is today, she exited in 2004. But considering the business is registered in the UK as Karen Millen, she cannot legally register a new trademark in the U.k. with a substantially similar name. Additionally, a court ruled in 2016 she also cannot employ her name to brand clothing and household goods in the US and China, equally this violates the terms of her 2004 understanding.
Does my logo authorize for trademark protection?
If it'southward strong enough, it will. If it'due south not strong enough, the USPTO (or your land's trademark role) will reject it.
What constitutes a strong logo?
In the world of intellectual property, a strong logo or name is one that is unmistakably unique to its creator.
These include made-upward names like Microsoft and Google besides equally words and symbols not typically associated with the production or service they're attached to, similar Apple tree computers or White Castle hamburgers.
In contrast, a weak logo or name is one that'south generic (like an icon or emoji for instance) or just describes the product or service. A few hypothetical examples of these include Delicious Ice Cream, Trustworthy Law Business firm and Grey Brick Daycare Heart.
How long does information technology take to trademark a logo?
Usually, trademarking a logo takes betwixt half dozen and 9 months from filing to issuance. However, it can have upwardly to three years for complex cases.
What does it cost to trademark a logo?
The toll of trademarking a logo varies by country. In the Usa, trademarking a logo with the USPTO costs betwixt $275 and $660 plus legal fees. Trademarking a logo with a state trademark function (which offers similar protection to registering information technology at the federal level, only simply within a specific state) generally costs between $fifty and $150.
What does the procedure of trademarking a logo involve?
Earlier you employ for trademark registration, conduct a search of your country'due south and land's databases to determine if some other company is already using a logo that's too close to the one you desire to use. Searching the net can aid at this phase likewise because it can catch common law logos you otherwise wouldn't catch. Make sure y'all really research all the names and images you lot're considering, because if your logo is as well similar to an existing brand's, your application will be rejected and you lot'll have to essentially restart the process.
Once you've determined your logo isn't too like to some other brand'south, you can go alee and file a trademark application with your country's trademark part, for instance the USPTO in the United states of america. It then goes into USPTO review.
At this stage, one of two things tin happen. The trademark function tin either decide your logo is qualified to trademark the fashion it is and issue information technology for publication (which leads to registration) or they could find one or more issues with it and take office action. When this happens, you are notified of why the logo was rejected and given six months to reply. At this phase, if all issues are corrected, the trademark office may approve the logo and publish it. Or, if the bug are non fully resolved, they may take office activeness again, and you again have six months to respond.
After a second office action, the logo may be published or rejected, depending on whether information technology meets the trademark office's criteria for trademarking a logo.
Exercise I demand to work with a lawyer to trademark my logo?
No. You lot can admittedly DIY the process of trademarking your logo.
Only working with a lawyer can exist beneficial. An experienced intellectual belongings lawyer tin file your trademark awarding for you and handle all the paperwork on your behalf. By having them do this, you tin save yourself time, energy and the risk of potentially messing up—since your lawyer'due south done this lots of times before, they can make it equally smooth and piece of cake equally possible.
What if my trademark application is rejected?
There are a number of reasons why your trademark awarding might be rejected. These include:
- It's a generic logo.
- There's a high likelihood consumers will confuse your logo with an existing trademarked logo.
- Your logo is just ornamentation, rather than a legitimate identifying mark.
- Your logo contains offensive verbiage or imagery (though at that place are exceptions where this type of textile can exist trademarked).
- The logo'southward imagery or text is geographically misdescriptive, which means it inaccurately implies your company or product is based in or sourced from a specific location.
If you experience the rejection was in error, you can file an appeal with the trademark office to have the application reviewed again and ideally, accustomed. If information technology turns out your logo doesn't qualify for trademarking, yous'll need to get back to the drawing board and create a new logo before trying over again.
Owning and protecting trademarks
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What are the strongest trademarks? (and why?)
Equally nosotros mentioned above, the strongest trademarks are ones that are undeniably unique to their brands. This can be because they're:
- Made-up words or images.
- Capricious in relation to their product or service (recollect Apple computers).
When you don't accept a registered trademark, asserting your buying of your brand name or logo can be more than difficult if you have a weak trademark.
Why wouldn't I want to trademark my logo?
When you lot showtime create your logo, the next affair you need to do is trademark it, right?
Non necessarily.
The trademarking procedure tin be fairly lengthy and expensive, and so you don't want to be having to do it repeatedly. This means there are a few circumstances nether which information technology'due south not advisable to trademark your logo… at to the lowest degree non correct away. These circumstances include the following three points:
i. Things aren't fix in stone
Yous're non totally committed to the logo still—or yous know y'all'll be changing it inside a curt period of time. This could exist considering yous fabricated a quickie depression-endeavour logo with a logo maker just to have something in place when your business launched and you plan on getting a professional person logo created at a later on date when you've got some more money to spend.
Peradventure yous plan on expanding in the coming years and changing your logo to reflect that. In any case, a logo has to be consistently in utilise to exist protected past its trademark, and so if your logo is just a "for now" logo, it's not worth the time or money to trademark it.
2. It'due south not unique
If your logo is fairly similar to another logo in use in your land, tread carefully. It could be like to a big, national brand, significant there'southward a chance people volition get dislocated, change your logo. It'due south not worth the confusion, looking like a copycat or potentially running into legal trouble with the other brand.
Merely let's say that other company is based in Oregon, and y'all're in New Jersey, and you're both small businesses that primarily serve your local markets. In that case, you probably won't run into the issue of people confusing you for the other visitor… only you lot still tin't annals your logo with the USPTO. In this example, registering your trademark with your state should provide enough protection.
iii. Your business concern could be temporary
What almost if y'all aren't sure your business volition last? Hey, it's a valid business organization. Maybe it'due south simply a side hustle for you and yous're non convinced y'all'll desire to exercise it forever. Or information technology's just a stopgap between total time positions. Just similar it doesn't make sense to register a logo that's going to alter in the near future, it's about likely not worth it to register a logo for a business yous're not sure will last.
How do I use those trademark symbols?
There's ii components to this question: when is the appropriate time to utilise each symbol, and how practice y'all literally insert it into your text.
™ is used for trademarks that aren't registered with the trademark office. This includes trademarks that are currently pending. ® is for trademarks that are registered with the trademark office.
And hither's how y'all insert the symbols into text:
- When typing on a Windows computer, make sure the [Num Lock] key is engaged, then utilize the keyboard combination of pressing the [Alt] key followed by the keypad number sequence of "0153" to insert the TM symbol or "0174" to insert the registered trademark symbol.
- On Apple operating systems, agree the [Option] and "2" keys for the trademark sign, and concur [Choice] and "R" at the same time to produce the registered trademark symbol.
- Insert either symbol past selecting information technology from the character map available in your software program.
What can I do if I find my trademark being violated?
Lawyer upward. Depending on the specifics of the situation, y'all could potentially be entitled to recover amercement for the infringement. Although working with a lawyer tin be expensive, information technology doesn't necessarily take to exist. Y'all can work with a pro bono lawyer or a lawyer providing low-cost services to inventors and startup businesses, as discussed in this mail service by the USPTO.
Normally, the first step in resolving an incident of trademark infringement is issuing a cease and desist letter. This is a letter from your lawyer to the party infringing on your trademark asking them to stop.
If this doesn't get them to end, you might demand to file a lawsuit to accept the courtroom society them to stop. This doesn't necessarily hateful the courtroom will rule in your favor—if the courtroom deems your similar logos are not causing confusion, it may rule you lot're both permitted to use the logo. This is what happened when Apple Corps and Apple, Inc went to court in 2006 over their similar names.
But how do y'all know if your trademark is being infringed? Read our article on how to check if your blueprint has been copied, where nosotros explain the tools and strategies you can apply to detect out if your trademarked design is beingness used without your consent.
Trademarking a logo protects your unique brand
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As a growing make, it'due south in your all-time interest to exist proactive about trademarking your unique brand avails. But before you tin file for a trademark, you lot need to have a unique logo to trademark! A unique logo is more than likely to be approved than a generic one, so if y'all don't already take one, work with an experienced logo designer to create the perfect logo for your brand.
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Work with our talented designers to brand it happen.
This article was originally written by Melissa Jenkins and published in 2016. It has been updated with new examples and data.
Source: https://99designs.com/blog/logo-branding/trademarking-a-logo/
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