Important Things To Know Before You Trademark A Logo
Have you designed a logo that would represent your business? Well,before using the logo for your business, you have to trademark it. This isimportant to protect the design of the logo. This requires use of correct trademark law and regulations. When lookingfor trademark registration the first time, it is better to take help from aprofessional who is aware of the registration rules and regulation. A smallmistake in the application can have impactful result on budget and overallbusiness.
Who is the owner of logo trademark?
The ownership comes when one start to use the trademark in public. Thebusiness owner is the actual owner, who has the right to use the trademark forhis product and service. This will help business owner differentiate hisproducts from others available in the market.
How a logo becomes a trademark?
A logo converts to a trademark when it is used on product labels andthe target group tries identifying the product with the help of the companylogo. It is the brand representation and categories the company product fromthe rest in the market. With the help of Trademark Registration Service, you can start to use the trademark in differentworks, legalizing the use of the logo. This also implies that it will protectthe intellectual property and refrain from problems of infringement. In case ofany such problems, if you are using a registered logo, you can take suitableaction based on the same.
Benefits of registering logo as trademark
As per US trademark rules, a trademark right starts to work only after it is put to commercial use. This implies that you start to advertise yourproduct or service with logo. However, the trademark laws are geographically restrictedand therefore, difficult to enforce. Let us discuss some benefits of registeredtrademark in the following part.
· These are protected under the federal laws allowing the owners to takelegal action against the one involved in problems of infringement.
· It can ask to protect the items and infringe imported goods when usedwith the same trademarked word
· Allow the owner to deal with the infringement lawsuit in the federalcourt instead of state court
· Qualify trademark protection in other places
· Give ownership to owners at a national level and recognizing theperson who as the owner of the business
Is the logo eligiblefor registration?
Notall trademark applications are considered eligible to be registered by USPTO.If applications are similar to an existing one, it is sure to be rejected.Moreover, the application should clearly state the class and category of theproduct for which the trademark will be registered. This is important forscrutiny by higher authorities to consider the eligibility of the registration.The application will be rejected is two trademarks are similar and these are tobe used on similar products or service. Unless, the products are unrelated, theapplication will not be granted. This is done to avoid the problem of confusion.
