![]() ![]() The EU Intellectual Property Office (EUIPO) also has helpful guides on European trademark law. To learn more about trademark law, check out this basic guide from the U.S. Your mark will be enforceable from when you begin a trademark application. We’d recommend trademarking your logo as soon as it’s finalized, even before you’ve brought your product to market. However, protections only apply in local jurisdictions, and if someone registers a similar trademark, their mark will take precedence over yours. Under common law in the U.S., a trademark is protected simply for having been created and used by a business. If you’re thinking about filing a trademark for your logo, you may have read that your logo is already trademarked simply because you use it. ![]() Advantages of image recognition technology in brand protection.How to protect a business logo by enforcing your trademark.Why you should trademark your business logo.If a competitor were to come in and trademark a similar logo before you, they could sue you and you’d have to start building your brand image over from the beginning. That means knowing how to protect your logo design is an important part of your business strategy. It communicates what your brand stands for to your customers and distinguishes you from your competitors. 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.CHECK OUT THE BRAND PROTECTION PLAN AVAILABLE TO YOUįor a brand, a logo can carry intangible value. 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. This means you have two potential claims against the infringer. So if someone knocks off your logo, they may be committing both trademark and copyright infringement. 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. 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. 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. ![]()
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