This will be a trademark application for the black and white version of the logo so that you have protection over any color versions of the logo as well. If you want to make a design change, you’ll have to file again.Ī “Design Mark” will provide protection for the business’ logo. Special form rights protect only the particular style registered. This type of protection is ideal for companies looking to protect a distinctive visual aesthetic or signal, but it is fairly limited. You can also register a stylized design known as a “special form mark,” or “design mark.” Special form marks protect a specific combination of stylized lettering, a design element such as a logo, or both. Patent and Trademark Office, the rights in a standard character mark “reside in the wording,” allowing you to “use and protect the mark in any font size, style or color.” Standard character marks offer the broadest possible rights of any single form of trademark protection, but do not protect special designs and coloration.Ī “Standard Character Mark” will provide protection for the name of the business or the slogan for the business, and provides the exclusive right to use the name/slogan in any form in combination with the categories of goods and services that we identify in the application. You can register your business name or slogan as a “ standard character mark”, which is any combination of letters and numbers with no reference to style, design, font or color. What’s The Difference Between Trademarking a Name versus a Logo? The logo for the company contains the word “YanKenPo” in a stylized font along with other unique design elements. To better illustrate these terms, we’ve come up with the hypothetical company YanKenPo, Inc., whose officers are considering trademarking YanKenPo’s name and logo. This article describes the differences between these various types of trademarks and the considerations for entrepreneurs interested in trademark protection. However, we are often asked whether it makes sense to trademark the name or slogan of a business, the logo for the business, or both. This legal line is especially crucial if the TM or ® cannot be displayed for some practical or aesthetic reason.Are you running a new business, and looking to protect the equity in your name and your logo? Filing for federal or state trademark protection may be the right move for you. There should be a legal line that mentions the trademark status of the logo. Logos that are registered can display the ® symbol, and should wherever possible. In fact, it is illegal to display the ® symbol on a logo that is unregistered… so be careful! Logos that are unregistered trademarks can only feature the TM symbol or no symbol at all. There are equivalent departments of the governments of countries around the world. In India, the trademark database is controlled by the Controler General of Patents Designs and Trademarks. In America, that registry is maintained by the United States Patent and Trademark Office (USPTO). A registered trademark is a logo, brand name, or tagline, which has been added to the government database of trademarks. The difference between an ® symbol or the TM symbol is whether the trademark is registered or not.
#Trademark my logo how to
Consult a lawyer specializing in intellectual property to fully understand how to protect your logo in your unique situation. We are going to go through some of the basics of the TM symbol and then look at 15 examples of big brands using a TM in their logo.ĭisclaimer: This article is not legal advice nor a substitute for legal advice. The symbol is a signal to other businesses that only this business can use the trademark, and there will be legal consequences if it is copied. Branding wouldn’t exist businesses couldn’t build brand equity, and consumers would not know what to expect when they bought a product.Ī trademark can be identified with a TM symbol on the right side of a logo, brand name, or tagline. The government recognizes that people would be confused if any business could use any name or logo they wanted to sell something.
A trademark is a symbol, name, or phrase that only one business has the right to use. The tool we use to protect logos is the legal concept of a trademark. Someone will benefit from all of your brand marketing if they can copy your logo. If you cannot protect your brand from other people using your name and logo, then investing in a brand at all makes little to no sense.
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