logo trademark

[marlinspiker]

My buddy who is helping me with marketing just asked me if my logo was trademarked. Does anyone know anything about trademarking? Is it something I should be concerned with?

 

[rfwoodvt]

Trademarks are placed on products to identify them as being made by a given company. For example the stylized Ford symbol can only be put on products produced or licensed by Ford. Unless their logo is the same as their trademark, the logo wouldn't be registered as a trademark.

Technically being service providers we don't have products so we won't & can't have trade marks. Instead we have a service mark.

Unlike trademarks registration of our marks are not clearly defined.

You can attempt to register a Service mark and it is my understanding that service marks are usually rejected. On the other hand you can and would be better off if you were to, claim a copyright.

If it is an original piece of art the minute you commit it to any medium (paper, electronic or otherwise) you automatically have the rights to the original work.

That means the logo can't be used by anyone else for any purpose without your permission.

The trick is to vigorously defend it but that is a whole other matter of discussion.

The difference may seem like splitting hairs but copyright is automatic while trademarking is not.

Of course you will want to run this by your friendly lawyer and since I am not a lawyer, nor do I play one on TV, my opinion may have no basis in fact or reality.

 

[treehumper]

http://www.lawmart.com/searches/tm-01.htm

Here's an explanation of trademarks. http://www.lawmart.com/searches/tm-01.htm

That is really what you want as it is the symbol or design which identifies and distinguishes the source of the goods or services of one party from those of others. It could be a servicemark as well given that it is specific to a service.

Definitely not a copyright though as this doesn't fall into realm of art.

Here's a page of examples, http://www.bitlaw.com/trademark/devices.html#word

 

[rfwoodvt]

TH looks like things are a bit different than when I first looked into registering service marks on line a few years ago.

Last go around there was no option to register the service mark, it was all labeled for trademarks.

So I stand corrected.

Still copyright protects the logo because any original work, no matter how it is recorded, is protected. that includes all art, written word, spoken word, music, video or any combination there of.

Since a service mark is such a recording it is covered by copyright law and given a good deal of protection.

Really all registering it with the USP&TMO provides beyond that is a defacto establishment of first use claim. With Government registration it has been settled who had it first. That can come in handy in some circumstances and may well be worth the fee.

As mentioned earlier though you have to vigorously defend any infringements. If you fail to defend it in one circumstance then you can lose the right to defend it in the future.

Also, every time you change the mark (I'm not sure how much of a change triggers the need to) you need to apply for new registration.

For example if my logo were a log and branch for Wood & Son and I add a flower for Wood & Son & Daughter I'd probably need to register it as a new SM. If we later put faces on them we'd have to do another registration. Not a huge expense but is it really necessary?

Since a service mark by definition is only used in advertising and documentation I've opted to just defend my copyright. You can add the (c) symbol to your logo which helps allow you to defend any use of logo by itself even if the logo is part of a broader document, although again, by def, you are entitled to copyright for any part of the work whether whole or excerpted.

From my understanding, failure to defend your copyright in one circumstance does not preclude you from defending in another as you would need to do for patent or trademark defense.

All this said you can use the SM symbol with your logo anytime you wish. You can also enclose a copy of your logo in a sealed envelope and mail it to your CPA or lawyer instructing them that you are establishing date of creation with them.

Should you ever have to defend it that is the sort of evidence you would want.

41 cents versus several hundred dollars seems a better way to go for me.

Besides, registering and copyright really only keep honest people honest. If someone uses your logo they have already proven they don't care about the rules!

 

[treehumper]

In any case it is necessary to defend your right, mark or patent or what is the point. I agree Rick that any unscrupulous person has little regard for the law but, you will have an avenue to sue them by either registering or as you described, demonstrated date of creation and use to validate you claim. Where you update the symbol it would then become another symbol separately trademarked or copyrighted to protect you. Again an associated cost and another thing to keep track of and, defend.

 

[rfwoodvt]

Yeah, makes it pretty irksome.

If we won't or can't afford to defend a registered item kinda makes it pointless to have.

I had invented something that we were going to patent and the lawyers simply said that unless we were to sell or license it we'd never be able to keep it. Thier point being that once we found an infringement we had to defend it to resolution and that takes deep, deep pockets.

If we lost, which wouldn't be likely, or if we dropped a defense or didn't pursue one we knew about then we would effectively have waived our right to do so in the future.

Certainly doesn't make life easy for the little guy.

 

[treehumper]

Yep, got to have that "exit" plan, build, patent it then sell it!

My cousin works for a patent litigation law firm. By the Christmas bash they throw business is good!

 

[marlinspiker]

thanks for the replies fellas