You can make logos yourself or have one professionally commissioned for your business. But trademarking grants you the official right to use the logo solely for your needs.
Trademarking a logo means registering it to secure ownership, more than simply having the right to alter and use it for your brand. If you’re creating a logo for your business, here are the facts you need to learn to keep your logo solely yours.
1. The Fair Use Doctrine
The business name, images, colors, texts, and more you create for your business are called intellectual properties, like your logo. There are many intellectual properties like songs, codes, programs, applications, and anything that came from an original idea. You have primary control over your intellectual property for trademark application.
Trademarking or registering your logo protects it from theft or imitation. Should someone fail to ask your permission to use your logo and utilizes it for their gain, it’s called infringement. But the Fair Use Doctrine that allows the exception of the use of the intellectual property is an enduring law in the United States. The purpose of the exception is to make it more accessible to the public and provide understanding through transformative purposes. It allows the public to form opinions on, criticize, or create parodies of copyrighted property.
If the individual or organization uses your intellectual property outside of the said purposes, you can take legal action.
2. Check for the Same or Similar Trademarks Before Approval
It’s essential to look into the possibility that someone has already created the logo you want. It’s detrimental to be complacent that an idea could be a hundred percent original, especially if you had outsourced your logo creation. You or a trademark attorney should log into the Trademark Electronic Search System or TESS database. Under the United States Patent and Trademark Office (USPTO), you or a legal representative can search for trademarks similar to yours.
It’s crucial to target logos that are already registered as they might have similar elements to your own such as a shape, symbol, or combination of colors. An organization could hinder your trademark application if it believes an infringement occurred. If you pursue the application and another business files for opposition to the application, you’ll need to hire a lawyer. You’ll also have to look for a new graphic artist to recreate your logo. It could all mean wasted time and money on your end.
3. The Different Types of Logo Trademarks
Not all logo trademarks will be easy to register. You must have a strong logo that’s unique and distinct. The logo must have elements that’ll immediately identify you as the owner of the products and services.
Here are examples of strong logo trademarks.
- Fanciful – words without meaning but only describe or relate to the kind of goods or services you sell. Think of significant brand names and research their meanings. For example, there’s a popular shoe brand spanning the world. The company created the word as a name for its footwear.
- Arbitrary – text or words that had nothing to do with the product you’re offering. For example, the name of the most popular computer and electronics brand is a fruit.
- Suggestive – names that hint at the type of product or service but doesn’t directly describe it. For example, a car could be named after the fastest animal on land because of its speed.
Here are weak logo trademarks:
- Descriptive – names that bear no direct description of the product or service and contain some aspect of the business, such as function, quality, or characteristic. An example is a popular business that creates and customizes stuffed toy bears according to the customer’s preference.
- Generic – These are names that would get rejected because trademarking aims to differentiate your business. These will not be allowed if your company sells glasses and you used the term glasses.
It’s, therefore, important to keep the above in mind to ensure you know where your logo trademark stands.
4. Securing the Ownership of Your Logo
There are different ways to keep the legal rights to your logo. If you begin to use it immediately without registration, anyone from anywhere can also use it without your consent. It’s also the least expensive option, but you cannot prevent anyone from stealing it for their business.
Second, you can register your logo and begin using it. But the security is only limited to your state. That means anyone from other states can use the logo because your rights are confined only to the state where you registered.
The most secure and legally binding way is filing a trademark application with the USPTO. At this point, you must hire a professional specializing in logo registration to ensure that your intellectual property complies with the standards set by USPTO itself. The process will take a few months after you submit your logo.
5. The Cost of Trademarking
The US Patent and Trademark Office has a registration fee for Trademark Electronic Application System (TEAS) Standard and TEAS Plus. The latter was designed to be more convenient. Application is also faster by two months, but it has more requirements than its Standard counterpart.
The TEAS Plus costs USD$250. With TEAS Plus, the applicant can only choose from the products and services identification choices in the prepared ID manual chosen by USPTO.
The TEAS Standard applicants don’t need to search from the Trademark ID Manual, unlike those for Plus. Registration costs USD$350.
Non-US residents who wish to apply for business registration in the United States must first inquire with their country’s trademark office for information on fees.
In Conclusion
Logo trademarking is more challenging than registering without ensuring its absolute uniqueness. It’s one of the first reminders you must never forget. Businesses out there can make trademarking difficult, and it could cost you legal fees to counter the other party’s infringement case against you. When creating a logo and a name, check first that there are no elements that will have others say you stole an idea. Registration costs money and time. Doing thorough checking could save you headaches.
