3/20/2023 0 Comments Should i trademark my logo![]() This is because legal rights may hinge on the earliest date that a trademark application for the logo is filed. Getting the earliest filing date possible can be very important down the line to ensure your legal rights. The simple answer to when you should trademark your logo is that you should trademark it as soon as you have confirmed a final design for your logo. Are you wondering whether you should get a trademark for this logo and if so, when the best time to get this trademark? When Should I Trademark My Logo? The R-symbol serves as a forewarning to rivals not to copy your logo and shows the world that you are serious about protecting your trademark rights.If you own a business, chances are you have some type of logo representing your business. Once you have registered your logo as a trademark, you are entitled to use the registered trademark symbol ® to indicate that your mark enjoys brand protection. Show the world you have trademark protection for your registered logo The visual aspects of logo trademark applications usually result in them having a higher level of distinctiveness - making them easier to register. They often use words and images or a combination of these in an innovative and original way. The most powerful trademarks are distinctive or fanciful. The trademarks which are the most problematic are those which are descriptive, non-distinctive, laudatory, offensive or confusingly similar to pre-existing marks. Here is a short list of eight kinds of trademarks that are not registrable. You could also receive an opposition from the owner of such a trademark. The logo registration could quite possibly act as a ‘scarecrow’ and discourage competitors from using the same or similar words in their name.Īs with any trademark, IP Australia will be likely to issue an objection if your logo is the same as or confusingly similar to an existing trademark. ![]() ![]() Although this combined mark doesn’t offer the same degree of protection, it does protect the overall appearance of the mark and it would be likely to bar any subsequent applications which might use the same words for similar goods and services. However, they have registered their logo (which contains the words THE SUPERFOOD COMPANY) as a trademark:Ī word mark would give the strongest protection. In a situation like this, many brand owners choose to apply to register a logo as a trademark to obtain some registered trademark protection for their brands.įor example, The Superfood Company would struggle to register THE SUPERFOOD COMPANY as a word trademark registration because it is descriptive of the nuts, seeds and other healthy food products the company provides. Because they contain words which other traders should not be prevented from using, they can’t be registered. While such names might be useful to convey what the business offers, they are usually not registrable as trademarks as they are not distinctive. But you can more easily prove your right to exclusivity if you have a trademark registration.Ī registered trademark logo can offer brand protection when words can’tīusiness owners often choose words which are descriptive or generic as brand names. You can’t ever predict when a new business might replicate or take inspiration from your logo image, either accidentally or on purpose and it could be detrimental to your brand. ![]() The court agreed and consequently, Pandora changed the colour of their logo by introducing tones of red, pink and purple to differentiate the “P” logo. Paypal felt that it was confusingly similar to its own blue shaded double P logo, especially if the two logos appeared side-by-side on phone screens. Here is a good example to emphasise the significance of trademark protection for a logo: Pandora, the American music streaming app, initially used a blue shaded P as their logo. It enables you to take steps to prevent competitors from using confusingly similar or identical trademarks. A trademark registration identifies you (or your business) as the owner of the trademark. Why should you register a trademark logo?Īs with any trademark, registering your logo ensures that you can enjoy exclusivity and protection for your brand. Consumers soon associate a brand with its logo and identify the qualities and values of the company that it represents, such as elegance, luxury, quality, reliability, advanced engineering or affordability etc.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |