Logo and trademark collection.


To hear intellectual property attorneys describe it, it seems so simple. Copyright covers creative works of expression fixed into a tangible medium of expression. Trademark covers business names, slogans and other items used to identify it in the marketplace. Patent covers ideas and inventions. Simple.

Logos are one of those spaces of intellectual property law where there is a great deal of overlap between two areas, in this case copyright and trademark, and businesses are known for using both to protect their logos from undesired use.

So where are the lines drawn? The answers aren’t very simple and requires looking deeper into what copyright and trademark protect and, even then, there aren’t very many clear answers to give, just a lot of gray area that has to be taken one case at a time.

When most people think of intellectual property and logos, they leap to trademark and for good reason. Trademark is about protecting things that identify a business in the marketplace and logos are among the most important means of identification. As such, logos are generally protected by trademark and enforceable as such.

In many ways, trademark is much more broad than copyright. Where copyright doesn’t expand to things such as names, colors, typefaces, designs, etc. trademark does or at least can. However, trademark is also much more limited than copyright in that, where copyright is designed to protect against almost all unlicensed copying that is outside of fair use, trademark only deals with use of the mark that causes confusion in that company’s marketplace.

For example, Ace Hardware certainly has a trademark on their name, but they can’t stop Ace Bandages from also using the name as they are in separate markets (unless you are very careless when doing home repair). Likewise, Delta Airline and Delta Faucets share a trademark without incident and Apple Computers and Apple Music also shared a mark without major conflict (beyond a scuffle in 1989), that is until Apple entered the music business with iTunes .

Every few weeks we come across someone who needs more information about how to legally protect their logo design , but isn ’ t sure what to do.

Making matters worse, when they ask what they should do in an online forums, the advice they get is often completely wrong. We recently read a question from a new business owner who wanted to protect his logo. The advice he got was to print out the logo, put it in a sealed envelope, mail it to himself, then keep the sealed envelope so he could dramatically open the envelope in the middle of a future court case and reveal that the logo was his!

To protect your logo, you need a trademark or servicemark (trademarks are generally used for products, while service marks are usually applied to services).

You should not copyright or patent a logo design. Patents are for inventions, copyrights are for artistic works like books, paintings, and architectural blue prints. Neither is appropriate for a logo used in commerce.

As soon as you have your logo, you can start using a small TM or SM symbol next to your logo everywhere you use your logo. (Most companies use the TM.) This indicates that the design belongs exclusively to your business and that you intend to register a trademark in the future. Using the TM gives you some common law protections for your logo. There is no limit on how long you can use the TM or SM symbols before you have to register your trademark, and some small companies simply use this low-level of protection for their logo forever.

Others prefer to file for a registered trademark, which is sometimes called a circle R and looks like this: ®. This gives your logo design additional protections under the law. You can not use this symbol unless the US Patent and Trademark Office has granted you a registered trademark for your logo design.

There is a significant difference between registering a trademark logo and protecting a patent for a technical process/application. Both have great value to the business, but as IP expert Trevor Baylis advises entrepreneurs with limited funds, protecting the brand is by the far the best option.

Not only is the process cheaper, but it is also significantly quicker. While the average time for patent approval is just under two years, brand registration is typically completed within 6 months.

Many companies trademark their company name or product name, but there is also great value in ensuring that company logos, product designs and similar are equally protected.

A number of businesses are not able to protect their business name because it simply describes what they do, or is generic in its nature and therefore unsuitable for registration. However it is possible to register a business logo (either with or without the company name) which is unique to your business or charity, and as such affords the appropriate protection.

"I used Trademark Eagle to register our new logo and trademark. Their advice at the time was very useful. We are now covered across the EU"

Sports Chaplaincy UK is a good example of a business whose name is descriptive but were able to protect their brand through trademark logo registration.

To hear intellectual property attorneys describe it, it seems so simple. Copyright covers creative works of expression fixed into a tangible medium of expression. Trademark covers business names, slogans and other items used to identify it in the marketplace. Patent covers ideas and inventions. Simple.

Logos are one of those spaces of intellectual property law where there is a great deal of overlap between two areas, in this case copyright and trademark, and businesses are known for using both to protect their logos from undesired use.

So where are the lines drawn? The answers aren’t very simple and requires looking deeper into what copyright and trademark protect and, even then, there aren’t very many clear answers to give, just a lot of gray area that has to be taken one case at a time.

When most people think of intellectual property and logos, they leap to trademark and for good reason. Trademark is about protecting things that identify a business in the marketplace and logos are among the most important means of identification. As such, logos are generally protected by trademark and enforceable as such.

In many ways, trademark is much more broad than copyright. Where copyright doesn’t expand to things such as names, colors, typefaces, designs, etc. trademark does or at least can. However, trademark is also much more limited than copyright in that, where copyright is designed to protect against almost all unlicensed copying that is outside of fair use, trademark only deals with use of the mark that causes confusion in that company’s marketplace.

For example, Ace Hardware certainly has a trademark on their name, but they can’t stop Ace Bandages from also using the name as they are in separate markets (unless you are very careless when doing home repair). Likewise, Delta Airline and Delta Faucets share a trademark without incident and Apple Computers and Apple Music also shared a mark without major conflict (beyond a scuffle in 1989), that is until Apple entered the music business with iTunes .

To hear intellectual property attorneys describe it, it seems so simple. Copyright covers creative works of expression fixed into a tangible medium of expression. Trademark covers business names, slogans and other items used to identify it in the marketplace. Patent covers ideas and inventions. Simple.

Logos are one of those spaces of intellectual property law where there is a great deal of overlap between two areas, in this case copyright and trademark, and businesses are known for using both to protect their logos from undesired use.

So where are the lines drawn? The answers aren’t very simple and requires looking deeper into what copyright and trademark protect and, even then, there aren’t very many clear answers to give, just a lot of gray area that has to be taken one case at a time.

When most people think of intellectual property and logos, they leap to trademark and for good reason. Trademark is about protecting things that identify a business in the marketplace and logos are among the most important means of identification. As such, logos are generally protected by trademark and enforceable as such.

In many ways, trademark is much more broad than copyright. Where copyright doesn’t expand to things such as names, colors, typefaces, designs, etc. trademark does or at least can. However, trademark is also much more limited than copyright in that, where copyright is designed to protect against almost all unlicensed copying that is outside of fair use, trademark only deals with use of the mark that causes confusion in that company’s marketplace.

For example, Ace Hardware certainly has a trademark on their name, but they can’t stop Ace Bandages from also using the name as they are in separate markets (unless you are very careless when doing home repair). Likewise, Delta Airline and Delta Faucets share a trademark without incident and Apple Computers and Apple Music also shared a mark without major conflict (beyond a scuffle in 1989), that is until Apple entered the music business with iTunes .

Every few weeks we come across someone who needs more information about how to legally protect their logo design , but isn ’ t sure what to do.

Making matters worse, when they ask what they should do in an online forums, the advice they get is often completely wrong. We recently read a question from a new business owner who wanted to protect his logo. The advice he got was to print out the logo, put it in a sealed envelope, mail it to himself, then keep the sealed envelope so he could dramatically open the envelope in the middle of a future court case and reveal that the logo was his!

To protect your logo, you need a trademark or servicemark (trademarks are generally used for products, while service marks are usually applied to services).

You should not copyright or patent a logo design. Patents are for inventions, copyrights are for artistic works like books, paintings, and architectural blue prints. Neither is appropriate for a logo used in commerce.

As soon as you have your logo, you can start using a small TM or SM symbol next to your logo everywhere you use your logo. (Most companies use the TM.) This indicates that the design belongs exclusively to your business and that you intend to register a trademark in the future. Using the TM gives you some common law protections for your logo. There is no limit on how long you can use the TM or SM symbols before you have to register your trademark, and some small companies simply use this low-level of protection for their logo forever.

Others prefer to file for a registered trademark, which is sometimes called a circle R and looks like this: ®. This gives your logo design additional protections under the law. You can not use this symbol unless the US Patent and Trademark Office has granted you a registered trademark for your logo design.


Difference Between a Logo & Trademark | LegalZoom Legal Info

Trademark - Wikipedia

    To hear intellectual property attorneys describe it, it seems so simple. Copyright covers creative works of expression fixed into a tangible medium of expression. Trademark covers business names, slogans and other items used to identify it in the
51BPDSAVWGL