Friday, 18 March 2011

How To Trademark A Logo | Tips from Trademark Attorney Brian Hall

Did you ever wonder how to trademark a logo?  In this episode of Trademark Law Radio, Trademark Attorney Brian A. Hall discusses trademarking a logo or stylized design. This show is sponsored by Traverse Trademark Law, internet law attorneys specializing in trademark registration, trademark infringement, trademark protection and trademark monitoring.

"How to Trademark My Logo" Quick-Tips:

  1. A logo is a graphic or design used to promote public recognition. Logos are either purely graphic (symbols/icons) or are composed of the name of the organization (a logotype or  word mark).
  2. In order to trademark a logo, you need to create a graphic or design and associate it with your product or services.Teh best way to protect agasint logo trademark infringement is to get registered.
  3. You need a trademark lawyer to help you fill in the trademark registration forms and knows how to trademark a logo correctly the first time it is filed. To TM a logo or design, you need expert help.  And the cost is well worth the return on investment.


Attorney Brian A. Hall: Considering registering a trade mark for your logo? Ownership of a trademark registration for a character mark, or the words and letters themselves, is a great start.  But, in order to increase the overall protection of your intellectual property, as well as the underlying value of that trademark, it is important to consider additional trademark registrations. The obvious next step is to register the logo which displays on your signage or web site.  The United States Patent and Trademark Office allows for these types of registrations.

Learn more about "how do i trademark my logo" below....
The first kind of non-word mark is known as a stylized design mark.  A stylized design mark is a type of trademark registration that allows the applicant to identify a particular font, color or other unique aspect of the characters as part of a trademark registration.  This is slightly different than a logo trademark registration.

The second kind of trademark registration allowed by the USPTO besides a character mark is what’s known as a logo trademark.  A logo mark is simply a mark that does not include any words, letters or symbols, but is simply limited to the logo itself.  This particular image may be something that’s worth protecting.  A common example of a company that goes to great lengths to protect its trademarks in all their various forms is Nike.  Nike owns the character (logo) mark for the word “Nike”, those letters.  Nike also owns a trademark registration for its design of those words, be it in a color or a particular style.  Finally, Nike owns a registration for the swoosh logo. 

It is important for you to also protect your logo trademark in all its design variations.  As you have likely already experienced, you do not always simply use your trademark registration in the form that it exists, namely the characters.  Instead, you have added multiple designs, logos and/or other styles to that trademark.  As such, it is important for you to pursue a trademark registration in order to increase the scope of your trademark protection, as well as increase the ultimate value associated with your company as evidence in those logo trademarks.  It is not uncommon for a company to register multiple logo trademarks covering the same types of goods or services. 

Ultimately, a trademark attorney who understands how to register a logo as a trademark can help you identify all the types of marks that you’ve used and prioritize which ones are necessary to increase your trademark protection and the underlying value of your intellectual property and brand.

COMMENTS

How to trademark a logo? Your logo is more than just the sign above your door which tells the world who you are. It is a symbol of goodwill and a statement of (hopefully) quality. Add asset value to your intellectual property portfolio. Register your logo as a trademark with the USPTO.

As a trademark registration attorney, I am always astounded that more companies who have invested in their logo don't file for trademark registration on the design. Your logo is a part of your identity. Register your logo as a trademark and you will have another intellectual property asset to add to the books.

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How to Trademark A Name?

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