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By Stephanie Paul
MGM’s lion. Nike’s Swoosh.
Target’s Bullseye. These logos are more than images. They give companies
instant recognition with buyers and represent an organization’s
individuality. Logos for wellknown companies can be identified at a glance
and have tremendous marketing power. That’s why companies invest big bucks
in finding top-notch designs.
Even if you’re starting small, you don't know where your company will go —
or grow. After all, Wal-Mart began in 1962 with a single five-and-dime store
and is now the world’s largest corporation. In other words, you want to
consider the future now. Think from the ground up and start by creating a
unique and recognizable logo. But you want to keep yourself safe on both
sides of the logo process. That means protecting your logo, and making sure
you’re not using someone else’s logo.
The best way to safeguard your logo? Trademark it. Trademarks protect words,
names, symbols, sounds and colors, and distinguish one company’s goods and
products from another. Trademarking a logo not only protects it from being
used by other similar companies but also protects a company from unknowingly
infringing upon an existing logo.
Why Trademark a Logo?
Registering your mark gives you legal protection and lets the public know
you own the mark. In fact, the mark ® can only be used after the logo is
actually registered with the U.S. Patent and Trademark Office (USPTO). There
are two types of marks you can register with the USPTO: trademarks, which
identify goods or products; and service marks, used exclusively to identify
services.
If you don’t officially register your logo with the USTPO, you can still use
it. That’s because using a logo creates a “common law” trademark.
Common law trademarks use either the “TM” (trademark) or “SM” (service mark)
symbol to inform businesses that you own your logo. However, common law
trademarks offer limited protection. To protect yourself nationally, it’s
best to register for a federal trademark. And in case of a lawsuit, your
trademark registration provides a documented start date for your use of the
mark.
 A
Trademark Search
Before registering a trademark for your logo, it’s best to do
a trademark search. This will determine if your logo is truly unique. You
can perform a trademark search on the USTPO Web site (www.uspto.gov) to
determine if your logo is already in use by someone else. Attorneys and
professional search companies, like LegalZoom, can also conduct more
comprehensive searches.
Keep in mind that a search isn’t required. However, if the logo you want to
trademark is found to be too similar to one already in existence, your
application will be denied. Government filing fees aren’t refunded. How to
Trademark a Logo Trademarks are classified by a business’ particular goods
and services. You must complete the appropriate application. The USPTO then
reviews trademark applications for federal registration. If you’re
interested in trademarking your logo, company name and domain name, each one
must be trademarked separately. Even if your business name is part of your
logo, the two must be registered individually. It takes between 10 and 16
months to secure trademark registration with the USPTO. However, your logo
is protected as of the date of filing, not the date of issue, so you can
begin using your trademark immediately.
State vs. federal trademarks.
State trademarks only protect a logo in a specific state. Federal trademarks
offer national protection but are only available to companies conducting
business in more than one state. However, businesses operating in only one
state usually find that a state trademark offers enough protection. Web
businesses or those operating across state lines may want the protection of
a federal trademark.
What’s next?
Anyone whose logo identifies a business or profession should seriously
consider trademark protection. Once you establish your trademark, the legal
mark lasts forever. Just make sure to keep up with registration renewals at
the five- and ten-year marks.
Stephanie
Paul is a writer whose columns often appear in LegalZoom and other
publications. |
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