How To Register A Brand Name And Logo
You lot know those trivial superscript symbols side by side to make 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, understanding these tips for trademarking a logo tin can save you time, coin and headaches as y'all grow your brand.
By merely having a logo, you have what's known equally a common law trademark for your logo. That means that, without doing anything paperwork-wise, you accept the sole legal right to apply and ameliorate that logo every bit you run into fit. Only without an officially registered trademark, that right isn't as secure equally it could exist. Here we reply 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 property from infringement.
Let's break that down.
Intellectual property is whatever type of original creation. Well-nigh anything can be a piece of intellectual property: a drawing, a song, an innovation, a unique process, a novel, a motion picture, an invention, the code you've developed, a recipe and in some circumstances, an application of a scientific discovery.
If you lot create something, it's your intellectual belongings. Yous have virtually-full command over your intellectual property, which means you get to decide if and when to sell information technology, who you license its apply to and the circumstances nether which the license is granted, so what licensing entails and what information technology costs the licensee. You also command how it can be added onto, like in the course of a sequel.
When somebody else uses your intellectual holding without your consent, information technology's known every bit infringement. Withal, there are a few circumstances under which another party may use your intellectual belongings without your consent—in the U.s., these are covered by the Fair Use Doctrine.
Exterior these circumstances, infringement is illegal and equally the owner of the intellectual property, you have the right to take legal activity against anybody infringing on your intellectual property. Intellectual property infringement is something every designer should have at to the lowest degree a basic agreement of.
How is a trademark different from a copyright?
A copyright does the same thing as a trademark. The difference between them is the specific types of intellectual property they protect:
- A copyright protects creative 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 property that does exist for explicitly commercial purposes, like make names, logos, taglines and slogans
What does a trademark protect?
A trademark solidifies your ownership of your intellectual holding. By simply creating and using a logo, you lot automatically have the sole right to use it and have legal action against infringement. Merely past registering your trademark, that right is strengthened and you lot proceeds additional legal protections.
In the U.s.a. for example, trademarks are registered with the United States Patent and Trademark Office (USPTO). Other countries have similar agencies and offer similar trademark protection through them.
Registering a trademark with the USPTO grants you the post-obit rights and protections:
- The right to take legal activeness confronting alleged infringement of the trademark in federal courtroom.
- The public is notified of your trademark registration.
- You lot are legally presumed to own the trademark and hold sectional rights to use 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 than easily.
- Yous may prevent the importation of foreign appurtenances that infringe on your trademark.
What can't information technology protect?
A trademark can't grant y'all the exclusive right to anything generic. For instance, you can't proper name your business concern "Juicy Oranges" and wait to trademark the name and a logo featuring the proper noun.
A trademark also can't prohibit others from using your intellectual property in ways compliant with the Fair Utilise Doctrine. Generally, Off-white Apply allows others to use trademarked and copyrighted work in means that won't pb to consumer defoliation.
We cover these in greater detail in our blog postal service on the things every designer should know nigh intellectual belongings and trademark infringement.
Is a trademark enforceable around the world?
No. Trademarking your logo merely grants you trademark protection in the country where you lot filed for the trademark. Although trademarking your logo in one country tin can make it easier to trademark it in another, you demand to file for a divide trademark in every country where yous want that legal protection.
Who owns a logo trademark?
When you pattern your own logo, you do. When you commission a designer to create a logo for yous, the trademark is transferred to you lot once you purchase it from them. Usually there's a Transfer Understanding that both parties sign.
As the trademark owner, yous decide where the logo appears, how the logo is updated or amended and which parties may license it for use in their ain materials.
The process of trademarking a logo
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Can I trademark my own name?
Yes. All the same, information technology needs to be for a business-related purpose.
Permit's say your proper noun is Sarah Keller and you create custom resin earrings. Yous can absolutely trademark a business name similar Sarah Keller Jewelry or Earrings by Sarah.
Merely in this instance, trademarking your name only protects your intellectual property in the concern category you're working in. If there's another Sarah Keller out there and she decides to trademark her photography business' name, Sarah Keller Photography, she can absolutely do that without worrying nigh infringing on your copyright.
Think carefully near trademarking your name as your make name and making it part of your logo. Though it's an easy way to create a unique mark, you're likewise giving your name to something that exists separate from yous—and even if you leave the company years in the future, that make will still exist operating nether your name.
This is what happened to United kingdom of great britain and northern ireland fashion designer Karen Millen. Later playing a key office in building her retail company to the global brand it is today, she exited in 2004. But because the business is registered in the U.k. as Karen Millen, she cannot legally register a new trademark in the Great britain with a substantially similar name. Additionally, a courtroom ruled in 2016 she besides cannot use her name to brand clothing and household appurtenances in the Usa and China, every bit this violates the terms of her 2004 agreement.
Does my logo authorize for trademark protection?
If it's strong plenty, it volition. If it's not strong enough, the USPTO (or your country's trademark role) volition pass up it.
What constitutes a strong logo?
In the world of intellectual property, a strong logo or name is i that is unmistakably unique to its creator.
These include made-up names similar Microsoft and Google likewise as words and symbols not typically associated with the product or service they're attached to, like Apple computers or White Castle hamburgers.
In contrast, a weak logo or proper noun is one that'south generic (like an icon or emoji for example) or just describes the production or service. A few hypothetical examples of these include Delicious Ice Cream, Trustworthy Constabulary House and Gray Brick Daycare Heart.
How long does it take to trademark a logo?
Commonly, trademarking a logo takes between six and nine months from filing to issuance. However, it can take upwardly to iii years for complex cases.
What does it cost to trademark a logo?
The cost of trademarking a logo varies past country. In the US, trademarking a logo with the USPTO costs between $275 and $660 plus legal fees. Trademarking a logo with a state trademark office (which offers similar protection to registering it at the federal level, but only within a specific state) mostly costs between $fifty and $150.
What does the procedure of trademarking a logo involve?
Before you apply for trademark registration, conduct a search of your country's and country'south databases to decide if another company is already using a logo that's as well close to the one you want to use. Searching the internet tin can help at this phase too because information technology tin can catch common law logos you otherwise wouldn't catch. Make sure you actually research all the names and images you're considering, because if your logo is also like to an existing brand's, your awarding volition be rejected and y'all'll have to essentially restart the procedure.
Once you've determined your logo isn't also similar to another make'southward, you lot can go alee and file a trademark application with your country's trademark role, for example the USPTO in the US. It and then goes into USPTO review.
At this stage, one of two things can happen. The trademark office can either determine your logo is qualified to trademark the way it is and outcome it for publication (which leads to registration) or they could notice one or more bug with information technology and accept part activity. When this happens, you are notified of why the logo was rejected and given six months to reply. At this stage, if all problems are corrected, the trademark part may approve the logo and publish it. Or, if the issues are not fully resolved, they may take office action once more, and you lot again take half dozen months to answer.
After a second role activity, the logo may be published or rejected, depending on whether it meets the trademark part's criteria for trademarking a logo.
Practice I need to work with a lawyer to trademark my logo?
No. You tin can absolutely DIY the process of trademarking your logo.
But working with a lawyer can exist beneficial. An experienced intellectual property lawyer can file your trademark awarding for you and handle all the paperwork on your behalf. By having them practice this, you tin save yourself fourth dimension, energy and the gamble of potentially messing up—since your lawyer'due south done this lots of times before, they tin can make it as smooth and easy equally possible.
What if my trademark application is rejected?
At that place are a number of reasons why your trademark application might be rejected. These include:
- It'south a generic logo.
- In that location'south a high likelihood consumers volition confuse your logo with an existing trademarked logo.
- Your logo is merely decoration, rather than a legitimate identifying mark.
- Your logo contains offensive verbiage or imagery (though there are exceptions where this type of material tin exist trademarked).
- The logo's imagery or text is geographically misdescriptive, which ways it inaccurately implies your company or product is based in or sourced from a specific location.
If you feel the rejection was in mistake, you can file an appeal with the trademark role to have the application reviewed again and ideally, accepted. If it turns out your logo doesn't authorize for trademarking, y'all'll need to go back to the cartoon lath and create a new logo before trying again.
Owning and protecting trademarks
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What are the strongest trademarks? (and why?)
Equally nosotros mentioned higher up, the strongest trademarks are ones that are undeniably unique to their brands. This can be because they're:
- Fabricated-upward words or images.
- Arbitrary in relation to their production or service (call up Apple computers).
When you don't have a registered trademark, asserting your ownership of your brand name or logo can exist more than difficult if you lot have a weak trademark.
Why wouldn't I want to trademark my logo?
When you beginning create your logo, the side by side matter you demand to do is trademark it, right?
Not necessarily.
The trademarking process tin can be fairly lengthy and expensive, so you don't want to exist having to do it repeatedly. This ways there are a few circumstances nether which it'due south non advisable to trademark your logo… at least not right away. These circumstances include the post-obit three points:
one. Things aren't set in stone
You lot're not totally committed to the logo however—or you know you'll be changing it within a brusque catamenia of time. This could be because you fabricated a quickie depression-effort logo with a logo maker just to have something in place when your business launched and you program on getting a professional logo created at a later on engagement when you've got some more money to spend.
Maybe you programme on expanding in the coming years and irresolute your logo to reflect that. In any example, a logo has to be consistently in use to be protected by its trademark, so if your logo is just a "for now" logo, it's non worth the time or money to trademark it.
2. It's not unique
If your logo is fairly similar to another logo in apply in your land, tread carefully. It could exist like to a big, national brand, significant in that location'southward a gamble people will go dislocated, change your logo. It'southward not worth the confusion, looking like a copycat or potentially running into legal trouble with the other brand.
But permit's say that other visitor is based in Oregon, and you're in New Jersey, and yous're both minor businesses that primarily serve your local markets. In that case, yous probably won't run into the consequence of people disruptive you for the other company… but you nonetheless can't register your logo with the USPTO. In this case, registering your trademark with your state should provide enough protection.
three. Your business could be temporary
What almost if you aren't certain your business concern will final? Hey, it's a valid concern. Mayhap it's merely a side hustle for you and you're not convinced you lot'll want to do it forever. Or it'south just a stopgap betwixt full time positions. Just like it doesn't make sense to register a logo that's going to change in the near futurity, it's well-nigh likely not worth it to annals a logo for a business organization y'all're not sure will last.
How practice I apply those trademark symbols?
There's ii components to this question: when is the advisable time to use each symbol, and how do you literally insert it into your text.
™ is used for trademarks that aren't registered with the trademark office. This includes trademarks that are currently awaiting. ® is for trademarks that are registered with the trademark office.
And here's how y'all insert the symbols into text:
- When typing on a Windows computer, make sure the [Num Lock] key is engaged, and then employ 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 tree operating systems, hold the [Option] and "2" keys for the trademark sign, and agree [Pick] and "R" at the same time to produce the registered trademark symbol.
- Insert either symbol past selecting it from the character map bachelor in your software programme.
What tin I exercise if I detect my trademark being violated?
Lawyer up. Depending on the specifics of the situation, you could potentially be entitled to recover damages for the infringement. Although working with a lawyer tin be expensive, it doesn't necessarily have to be. You can work with a pro bono lawyer or a lawyer providing depression-cost services to inventors and startup businesses, as discussed in this post by the USPTO.
Unremarkably, 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 request them to stop.
If this doesn't get them to stop, y'all might need to file a lawsuit to have the court guild them to stop. This doesn't necessarily mean the court will rule in your favor—if the courtroom deems your similar logos are not causing confusion, it may dominion you're both permitted to utilise the logo. This is what happened when Apple tree Corps and Apple, Inc went to court in 2006 over their similar names.
But how do you know if your trademark is existence infringed? Read our article on how to check if your pattern has been copied, where we explain the tools and strategies yous can utilise to observe out if your trademarked pattern is being used without your consent.
Trademarking a logo protects your unique brand
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As a growing brand, it's in your all-time interest to exist proactive about trademarking your unique brand assets. Just before you can file for a trademark, y'all need to have a unique logo to trademark! A unique logo is more likely to be approved than a generic one, and so if y'all don't already have one, work with an experienced logo designer to create the perfect logo for your brand.
Want to get the perfect logo for your business organisation?
Piece of work with our talented designers to make it happen.
This article was originally written by Melissa Jenkins and published in 2016. It has been updated with new examples and information.
How To Register A Brand Name And Logo,
Source: https://99designs.com/blog/logo-branding/trademarking-a-logo/
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