You've spent a lot of time and work creating a logo that perfectly represents your company to the rest of the world.
You (hopefully) have a logo you prefer and are ready to show it, whether you utilized an automatic logo builder, hired a designer or designed it yourself.
You must, however, safeguard your hard work against scumbags who plagiarize other people's ideas. If something terrible happens, the law will be on your side if you register your brand logo as a trademark.
Continue reading if you're unsure about trademark law or want to learn how to trademark your company's logo. We'll break it all down into digestible chunks of information.
What is a trademark?
A trademark is a design, term, phrase, symbol, or emblem that identifies your company (or a mix of these things). It's a distinguishing mark that sets your company apart from the competition.
A trademark is used for commodities, whereas a service mark is used for services. A trademark informs people that the item in question is your intellectual property and that you own the exclusive rights. Intellectual property refers to the right to own creation, an idea, or a design by the person who created it.
A trademark does more than assert your ownership of it; it also prevents others from duplicating (or worse, stealing) your logo. Simply by utilizing your brand in your day-to-day company activities, you gain instant access to common proper legislation. However, only filing a trademark protects you from someone else using a name or design almost identical to yours.
Let's say you utilize a logo as a trademark for your neighbourhood's homemade soy candles. As your company establishes, you may want to consider applying for a federal registration to provide your trademark extra protection.
Why Is It Essential to Trademark a Logo?
Although trademarking your logo isn't required, there are benefits to doing so. Long-term benefits can help you protect yourself and develop a global brand presence.
The following are the most important international classification of goods and services in trademark for your logo:
Priority:
Registering your logo as a trademark offers you first dibs on using it. So, let's imagine someone in your region wants to utilize a logo that looks similar to yours. Except to register your trademark, there isn't much you can do to prevent them from doing so.
Law:
Having a trademark tied to your logo allows you to sue anyone who uses your design without your authorization. While I desire it never happens to you, the law is on your side if you decide to sue someone for trademark infringement.
Money:
Hopefully, you will never have to prosecute someone for trademark infringement, but if you do, a registered trademark entitles you to monetary damages.
Foreign Market:
Registering your logo as a trademark in the United States permits you to register it in other countries. This is significant because it prevents imports from infringing on your trademark.
Why is it easier to make a font logo?
If you're a graphic designer who designed a font, that font is considered the product you're selling. Trademarks do not cover individual things; instead, they cover how such products are branded and presented to their users and consumers.
If you want to protect a font from being misused or abused by a competitor, you can trademark the font's name as well as the logos in which you've used it. A product's name serves to identify it from other items available in a given market; similarly, a font's name should set it apart from different fonts. A font's name must be original and distinct to be eligible for this award.
What is a good trademark class?
When seeking trademark registration, the NICE classification is used to categorise goods and services. It is a globally recognised system that is updated on a regular basis to include new products and services.
The Procedure for Registering a Logo Trademark Application
This is for those of you who want to apply for registration without the help of an attorney. I won't sugarcoat it: the procedure is lengthy. However, if you take these actions one at a time, you'll be enough.
Step 1: Confirm that you meet the USPTO's requirements.
Before you even apply, double-check that your trademark isn't confusingly identical to any other. If you're working with a lawyer, they'll take care of this for you. You may also check the distinctiveness of your logo by searching the USPTO's trademark database.
Step 2: Figure out which category your logo belongs in.
You'll be asked to describe the items or services that your logo represents. The USPTO will reject your application if you fail to do so or if the logo does not represent the type of product you claim to offer. Therefore, it's critical to classify your goods using the correct terminology. If you don't, your application may be turned down.
Step 3: Prepare a "Specimen"
A specimen is proof of trademark use; it is the physical item for which the logo is used. So, for example, as a specimen, you would give a physical candle or even a photo of the trademark on the candle itself if your brand symbolizes a candle. The reason for this is that the product samples must provide proof of a transaction involving you and your consumer.
Step 4: Wait for the final decision to be made
You've finished the procedure at this point. You have all of your documents in order, all of your forms filled out, and you are ready to submit. If you don't hear back straight away, don't worry. The final judgement can take anywhere from six months to a year to arrive.
Until then, you can check the status of your application and the current processing times for applications in the Trademark Status and Document Retrieval database.
Over to you
You already have one of the essential components for launching a successful business: a logo. The next step is to trademark your logo to safeguard your company's originality.
If you follow this step-by-step guide, you can be confident that your logo will serve as a unique and memorable visual representation of your company for many years to come.
- Previous ArticleHow To Make A Logo For Youtube
- Next ArticleImportance of Branding for E-commerce businesses