Trademarking your logo can be a great business decision to keep your brand intact and distinguish yourself from the competition, but it can be a complicated process. Here are 11 tips to get you started. Once you are ready to begin the process, call Thompson Patent Law at (512) 649-1046 and get access to our 20-plus years of experience and knowledge.<\/p>\n
In order to be trademarked, your logo must be substantially different from other logos that are already trademarked<\/p>\n
A logo must not resemble any other logo for a similar product or service is not likely to be successfully trademarked due to the \u201clikelihood of confusion.\u201d An experienced trademark attorney can conduct a comprehensive search for you.<\/p>\n
Using your logo in conjunction with your brand can help to establish it as uniquely connected to your product or service, and this can help in the trademarking process.<\/p>\n
Even before your logo is officially registered as a trademark you have what is known as a \u201ccommon law trademark,\u201d and can start using Service Mark (SM) for logos associated with services, or Trademark (\u2122) for logos associated with products.<\/p>\n
Sometimes, copyright and trademark are used interchangeably, but they are not the same thing. A copyright is a protection for the expression of an idea\u2014for example, the drawing made from the idea for your logo. A trademark, however, is more about the use of that logo for business and protecting your right to use it exclusively.<\/p>\n
While it is true that you have what is known as a common law trademark the minute you start using your logo, this kind of trademark is only applicable in a small geographic area and is more difficult to protect against infringement. Registering your trademark gives you more legal protections against infringement by competitors.<\/p>\n
If you will only be operating in one state, you can apply for a state trademark, usually through the Secretary of State\u2019s office.<\/p>\n