Trademarking A Logo

What Is Protected By A Trademark? The Process Of Trademarking A Logo

Are you considering trademarking logo? It's a smart move to protect your brand identity and prevent others from using a similar design. Here's a comprehensive guide to help you understand more about trademarks and how to trademarking a logo.

What Do You Need To Know About Tradermark

What Is A Trademark? What Is Trademarking a Logo?

A trademark is a type of intellectual property that protects symbols, names, or other distinguishing features used in commerce to identify and distinguish the goods or services of one seller from those of others. In simple terms, a trademark is a brand identifier, making it easier for consumers to recognize and choose products or services they trust.

When you create something, it's your intellectual property. So you have total control over your intellectual property, and you can decide when to sell it, whom you license its use, or even what it costs the licensee. If someone uses your intellectual property without your consent, it is an infringement and you have the right to take legal action against. 

How Is A Trademark Different From A Copyright?

The difference between trademark and copyright is the specific types of intellectual property they protect:

Copyright

Trademark

Protection

Protects artistic works and creations

Protects commercial brands and identifiers

Eligible Works

Novels, visual art, short stories, characters' names and fictional worlds, songs, code, and other artistic creations

Brand names, logos, taglines, slogans, and other commercial identifiers

Trademark vs Copyright

What Is Protected By A Trademark?

A trademark provides legal protection for logos, brand names, slogans, and other identifiers from unauthorized use by competitors. This protection extends to preventing confusion among consumers about the source or quality of products or services associated with the trademark.

Is a Trademark Applicable Worldwide?

Trademarks are generally enforced on a country-by-country basis. However, with the rise of international trade agreements and treaties, there are mechanisms in place to extend trademark protection to multiple countries simultaneously. It's crucial for businesses with global operations to secure trademark registrations in key markets.

Who Owns A Logo Trademark?

The owner of a logo trademark is typically the entity that uses the logo in commerce. This can be an individual, a corporation, a partnership, or any other legal entity authorized to conduct business. Owning a logo trademark gives the owner exclusive rights to use the logo in connection with specific goods or services.

How To Trademarking A Logo 

Can I Trademark My Own Name?

Yes, you can. But it needs to be for a business-related purpose.

You need to think carefully when trademarking your name. Because even if you leave the company years in the future, that brand will still be operating under your name.

Does My Logo Qualify For Trademark Protection?

If your logo is strong enough, it will trademark protection. In contrast, the USPTO will reject it if it's not strong enough. 

So, what constitutes a strong logo? A strong logo is unmistakably unique to its creator.

  • Made-up words or images.
  • Arbitrary in relation to their product or service

How Much Time Does It Take To Register A Logo?

Trademarking a logo usually takes six to nine months from filing to issuance. However, for complex cases, it can take up to three years. 

How Much Does a Logo Trademark Cost?

The cost of trademarking depends on each country. For example, trademarking a logo with USPTO costs from $275 to $660 plus legal fees. 

The Process Of Trademarking A Logo

  1. Conduct a trademark search to ensure your logo is unique and not already in use by another company.
  2. File a trademark application with the appropriate government agency, such as the USPTO in the United States.
  3. Include a detailed description of your logo and the goods or services it represents in your application.
  4. Pay the required fees and wait for your application to be reviewed by a trademark examiner.
  5. If approved, your logo will be registered, and you will receive a certificate of registration.
The Process Of Trademarking A Logo

Should I Hire Legal Lawyer To Trademarking A Logo?

You don't need to hire a lawyer because you can absolutely DIY the process of trademarking your logo.

However, if you have an experienced intellectual property lawyer, they can handle all the paperwork on your behalf. You can save yourself time, energy and the risk of potentially messing up. 

Conclusion

In conclusion, trademarking a logo is a crucial step in protecting your brand's identity and reputation. Understanding the nuances of trademark law can help you navigate the complexities of intellectual property rights and ensure that your logo remains uniquely yours. Remember, a strong logo trademark can be a valuable asset for your business in the competitive marketplace.

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