![]() ![]() This contract should be created or reviewed by an intellectual property lawyer to ensure that it’s in compliance with the law and that it’s effective in transferring the IP rights. Do you have a name or logo youre using to advertise your business You might have a trademark. If someone else created your logo – meaning, it wasn’t created directly by you or an employee of your company – it’s important that there’s a signed contract with the designer granting your company full rights in the image. However, it’s important to be sure that your company actually owns the logo both under copyright and trademark law. Although logos can be copyrightable, they must posses a minimal, but sufficient level of creativity. Just because you pay someone to create something for you, to paint an image, or design your logo doesnt mean you own the copyright or other intellectual. ![]() This means you have two potential claims against the infringer. However, logos are one area where there is possible overlap between copyright and trademark law. That is why we have created this content to walk through a guide on how to trademark a logo. These rules about copyrights/trademarks either may or may not apply to any particular logo you see on. The logo application process is easy but can be challenging for new business owners. Identifying copyrighted and trademarked imagesEdit. So if someone knocks off your logo, they may be committing both trademark and copyright infringement. You can trademark a logo within your state or do it at the national level with the United States Patent and Trademark Office (USPTO). It's critical to do it correctly, and it's not so easy. ![]() If you've designed one, you'll want to get it trademarked to protect your rights. A logo, just like any other kind of visual image, is protected under copyright law at the moment of creation, pursuant to the U.S. updated 2 min read Creating a logo is a great way to establish your company's identity. Logos also differ from Word Marks in that they also implicate copyright law. Meaning, if someone else is already using the same or a similar logo, it can’t function as your trademark, and you can’t register it with the USPTO. The proposed logo trademark must satisfy the USPTO’s requirements and it must be unique in connection with the listed goods and services. Note that the same rules apply to all trademarks, including logos. In the U.S., trademarks are registered with the United States Patent and Trademark Office (“USPTO”). Logos that are just a brand name in a particular font and color may not be as visually distinct, and therefore may not be as important to protect, as long as the brand name itself is registered. This is particularly true when it comes to visually distinct logos. Otherwise, you probably want a copyright on the. In either case, if your logo is an important brand identifier – meaning, if the logo is strongly identified with your company, products, or services, then it’s worth protecting by registering it as a trademark. Yes, you can trademark an image with the USPTO if its used in the branding of your product (such as a logo). ![]()
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