Wordmark vs logo3/31/2023 ![]() If you haven't filed an application, you could lose out on the opportunity to use your own design. The United States Patent and Trademark Office (USPTO) generally uses the filing date and information within the application to decide who owns the logo. It's difficult to prove which company was using a logo first. Furthermore, if the other business files an application on their design first, it's likely that they will receive the trademark protection. Without a registered trademark, your company doesn't have the legal ability to protect your design. It's very important if your competitors have a similar logo or design associated with their brand. Many businesses wonder whether trademarking a logo is necessary. This is an example of the need to reinforce the protection of trademarked business logos. You could show the Nike "swoosh" to just about anyone in the country and they would likely know immediately what brand it represents. Many of the biggest companies in the U.S. Without proper legal protection, any company could replace another's logos without legal risk, leading to confusion for consumers about which products to buy. When trademarking laws went into effect, lawmakers wanted to make sure that a consumer could clearly identify what product or service came from what business. The purpose of trademarking a logo is to avoid confusion among consumers. Anyone in a similar business can use something very similar without any restrictions. Without trademark protection, your logo is at risk. Businesses use their logo on marketing and advertising pieces, products for sale, vehicles, apparel, uniforms, and much more. One of the most commonly trademarked symbols is a company logo. Trademarking your words offers stronger protection, and more trademark infringements are based on protected words, not designs. There are several registration categories for trademarks, and some are more flexible than others. It's certainly worth protecting a creative and original design, but it's generally more important to trademark the words in a specific mark or design. ![]() But it's best to know before you waste time and money filing an application that gets rejected. If you don't find anything similar, yours should receive approval. Prior to filing an application, the designer or business owner should conduct a thorough search of the existing trademark registration database. In order to qualify for legal protection, a trademark must be unique. When approved, a trademark restricts others from using an exact or similar mark. Many businesses choose to apply for trademark protection on their logos. A logo is a symbol or design used by a company that may fall under trademark protection laws. ![]() Logo?Ī trademark protects a slogan, phrase, word, company name, logo, or design that identifies a company and/or its goods. Updated October 9,2020: What is Trademark vs. ![]()
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