Registering ordinarily prevents others from using that logo or something confusingly similar to the logo. Trademarking a name generally provides broader protection because it prevents any use of the name that causes confusion, even if someone tries to use the name within a unique logo.Ī mark for a logo typically protects the shape, orientation, stylization and sometimes color in that particular logo. Wrongful use of names seems to be more common than wrongful use of logos. But bear in mind, each filing requires its own government filing fees and processing fees to Trademark Engine so registering both costs more than $600.Ī more budget-friendly option could involve registering just a company name. There may be advantages to registering both a name and an associated logo. Future companies should be on notice that the mark is already spoken for, which should in turn help avoid at least some disputes. Finally, once a trademark is accepted by the USPTO, it will be maintained in the USPTO database, which can discourage others from using the mark in the future. There are also favorable remedies available to registered trademark owners in the event of litigation.
#Trademark my logo for free registration
In addition, registration of a trademark can give the person holding the registered trademark a leg up in court as to the validity of the mark and the date of usage in later trademark infringement litigation, if it comes to that. On the other hand, a person using a mark in a limited geographic area could be boxed in by someone else who offensively registers a similar mark. So, unless registered, the use of a mark can be geographically limited, which hampers the ability to expand the brand. So, why pay to register a trademark when a common law trademark may already exist? Common law rights ordinarily are limited to the geographic area where the mark is used as opposed to the nationwide protection customarily obtained when a mark is registered with the USPTO. law, a “common law trademark” is generally established when someone uses a company name, logo or slogan in commerce, even if it is not registered.
Please also read WHAT YOU MUST KNOW BEFORE USING THIS WEBSITE. trademark law, this may help prevent others from contesting a trademark on the following grounds: (1) the mark is not inherently distinctive (2) it is confusingly similar to another mark that someone else began using first or (3) the mark is simply functional as opposed to identifying the source of the goods or services. Once registered, a registrant can typically start using the ® symbol after the name, logo or slogan.Īfter a mark is properly registered and used for a five-year period, Trademark Engine can also help file a “Declaration of Incontestability.” Considered by some the greatest protection under U.S.
It may help prevent someone from registering a confusingly similar mark later and may also help the registrant bring a case in federal court if someone infringes on the brand. Generally, the registration of a trademark entitles the registrant to a presumption of ownership of the brand on a national level and a presumed right to use the brand nationwide. Many of the well-known brands, logos and slogans you love, know and trust have been registered with the United States Patent and Trademark Office. In more general terms, getting a trademark protects a brand. A “service” mark distinguishes the source of a service, rather than a good, but the two are typically simply referred to as a “trademark” or “mark”. One way to understand a trademark is that it is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of another party.
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