In short, here is some general information about the trademark and copyright statement: While copyright protects the authorship of your work, a trademark protects all the details so that no one else can use it. Your job is to constantly monitor that no one is using your logo or trying to protect a logo similar to yours. If someone violates, the lawyer sends a letter of cessation and abstention. Because copyright can protect a name, not the colors, or the design of the logo, most simple logos simply don`t have the level of creativity required to be considered copyrighted. Most trademark registries examine or “examine” the application, search for similar confusing marks, and then approve your application, request amendments, or raise objections for a variety of reasons. A trademark protects a slogan, phrase, word, company name, logo or design that identifies a company and/or its products. A logo is a symbol or design used by a business that may fall under trademark laws. Many companies choose to seek trademark protection for their logos. When a trademark is approved, it prevents others from using an exact or similar mark.
In fact, you`re much more likely to have a copyright dispute over a photo you place on your blog than over a logo. The law states that your trademark will be infringed if another company`s brand elements are similar enough to confuse consumers. Given these statements, it is not uncommon for a logo to be protected by both trademark and copyright. However, a creative or artistic element qualifies it as copyright. The mere fact of having common shapes or symbols is not acceptable. A minimum of creativity must be part of the design. In short, remember that familiar designs and common designs are not considered copyrights. For example, a bold parody of an L.L. The advertisement in Bean magazine was found not to constitute an offence.
L.L. Bean, Inc. v. Drake Publishers, Inc., 811 F.2d 26, 28 (1st Cir. 1987). Similarly, the use of a pig-like character named “Spa`am” in a Muppet movie was found not to infringe Hormel`s trademark rights to “Spam.” Hormel Foods Corp. v. Jim Henson Prods., 73 F.3d 497 (2d Cir.
1996). On the other hand, it was found that the “Gucchie Goo” diaper bags were not protected by the parody defence Gucci Shops, Inc. v. R.H. Macy & Co., 446 F. Supp. 838 (N.L.D.Y. 1977). Posters bearing the “Enjoy Cocaine” logo were also found to infringe Coca-Cola`s rights under the slogan “Enjoy Coca-ColaCoca-Cola Co.
v. Gemini Rising, Inc., 346 F. Supp. 1183 (E.D.N.Y. 1972)”. Although the courts recognize a parody defence, the exact contours of such a defence are difficult to describe precisely. Trademark search is a type of skill because it requires training and experience to perform a good trademark search. Therefore, it is often advisable to seek the help of a qualified trademark attorney who can help with such a search. To be used as a trademark, a trademark must be distinctive, that is, it must be able to identify the source of a particular product.
To determine whether a trademark is distinctive, courts group marks into four categories based on the relationship between the mark and the underlying product: (1) arbitrary or fanciful, (2) suggestive, (3) descriptive or (4) generic. Since the marks of each of these categories differ in their distinctiveness, the requirements and degree of legal protection of a particular mark depend on the category to which it belongs. There are several reasons why a company may choose not to protect its logo. If your company logo is a standard signage, the wording must be specific. Generic or generic words are not eligible for trademark protection. An example of this could be a company called “The Barber Shop”. Without something unique or distinctive, that company`s standard sign mark would not qualify for a trademark. If you want to protect your brand identity, you need to register a trademark for your company name, logos, and slogans. There are several reasons why your trademark application was denied, and they all have to do with a weak logo. Here are some of the most common reasons for logo trademark rejection: Knowing how to introduce a logo as a trademark is crucial, as there are exploiters out there who are willing to infringe or steal your creative intellectual property. A trademark gives the trademark owner a kind of monopoly on a particular mark.
For example, since Nike, Inc. has a registered trademark for its trademark “Nike” and for its logo “Swoosh” for sports shoes (for example), no one else can use that trademark for sports shoes or the like. In fact, Nike is such a famous brand that it`s unlikely anyone can get a brand for “Nike,” even in conjunction with something completely different, like a fertilizer brand. There are two ways to use a logo before getting brand approval. First, you can add the TM or SM symbols to your logo. These symbols have no legal weight, but they serve a purpose, which is to tell your competitors your claim to design. The icons also indicate your intention to seek trademark protection. A logo represents a business, but the trademark of that logo helps protect it from theft. If another company uses a similar logo, it creates confusion and consumers may not know which product to buy. With adequate legal protection, your business can prevent others from using your logo or a logo that looks alike. A trademark helps your customers distinguish the products from the services offered by your trademark.
The purpose of branding a logo is to avoid confusion among consumers. When trademark laws came into effect, lawmakers wanted to ensure that a consumer could clearly identify which product or service came from which company. Without adequate legal protection, each company could replace the logos of another without legal risk, creating confusion among consumers about which products to buy. Essentially, you don`t lose anything if you decide to protect a logo, even in situations where it`s not always necessary. Because if they were to be violations, something you can never predict or prepare, you lose a lot more. Once the logo has been selected and no further changes are required, I sign a written contract stating that I transfer all ownership and copyright to my client. Often, a “trademark” and a “copyright” are confused. Generally, a trademark protects a brand name, while copyright protects original content such as a book, movie, or photo. Understanding how to label a logo is one of the most important ways to establish your company`s identity. If you`ve had a logo for a long time, it`s best to register it immediately to protect your intellectual property. It is important to familiarize yourself with the process in order to get it right and avoid risky situations. 3.
What requirements must a trademark meet to serve as a trademark? Once you have completed your search, you may be ready to register a trademark in the jurisdiction(s) of your choice. Not only do trademarks prevent someone from assuming an identical match, but sometimes they can also prevent someone from adopting a confusingly similar trademark. For example, Starbucks sued Sadarbuksh in India over an allegedly similar logo: To specify it more precisely, trademark protection refers to confusion in the global/local market rather than unauthorized use of the logo. Applications for registration are subject to approval by the PTO.
