Question: Is It Worth Trademarking A Logo?

What are the 3 types of trademarks?

Different Types of TrademarksDescriptive Trademarks;Merely Descriptive Trademarks;Generic Trademarks;.

Applying for trademark registration is time-intensive, averaging about 10 months to complete the process. The application is expensive, too, with a minimum filing fee of $325 if you prepare and submit the most basic application without legal counsel. Your logo might change in a couple of years.

The simple answer: Logos are not copyrighted, they are actually trademarked. Whether or not legal action is taken for replicating a trademarked logo is fully up to the company or entity that owns the trademark. A company still has legal rights to their logo even if it’s not trademarked.

How do you know if a brand is trademarked?

In India trademark database, you can perform a search only using a single class at a time. You can perform the wordmark search using any prefix method “Starts With”, “Contains” or “Match With”. A search with a keyword in “Starts With” option and the result will show all the trademark starting with the searched keyword.

The R symbol indicates that this word, phrase or logo is a registered trademark for the product or service.

What is the cheapest way to trademark?

To register your mark with the USPTO, you must fill out an application and pay a filing fee. Doing this yourself is the next cheapest way to achieving a trademark and is more advantageous than doing nothing but relying on a common law mark.

Do Us trademarks expire?

Unlike patents and copyrights, trademarks do not expire after a set period of time. … Once the United States Patent and Trademark Office (USPTO), grants a registered trademark, the owner must continue to use the trademark in ordinary commerce.

Does your logo have to match your business name?

It’s actually helpful to consider them in the same light, as they should be working toward the same goal. Ultimately, in fact, your logo should become synonymous with the company name.

Logos can function as trademarks just like any other brand identifier can. … In either case, if your logo is an important brand identifier – meaning, if the logo is strongly identified with your company, products, or services, then it’s worth protecting by registering it as a trademark.

Should I trademark my brand name?

Summary. Registering your business name for a trademark isn’t required in order for you to have trademark rights. However, a registered trademark can provide greater protection for your brand while helping you build your brand and drive business growth.

How long do Trademarks last in the US?

ten-yearHow long does a trademark registration last? A trademark registration may remain in force for potentially unlimited consecutive ten-year periods as long as the owner meets the legal requirements for post-registration maintenance and renewal and timely files all necessary documents.

Do you need a lawyer to file a trademark?

When you’re looking at registering a trademark for your business, you might not be too clear on whether you should do it yourself, hire a lawyer or use a trademarks attorney. … We recommend that you use a trademarks attorney, or if you decide to use a solicitor, make sure that they have IP and or trademark experience.

Can you revive a dead trademark?

If your own trademark has fallen into ‘dead’ or ‘abandoned’ status, you may be able to file a petition to revive it. … If filing the petition is not possible, you will need to register with the USPTO again.

How can I make a logo legally?

The Steps to Protecting Your LogoDecide on Your Logo Concept. … Check for Existing Trademarks Before You Approve the Design. … Ensure a Design Distinctive Enough to Trademark. … Apply for Your Trade Mark as Soon as Possible. … Wait for the trademark to be approved.

Do I have to use the registered trademark symbol every time?

No, you don’t need to use the registered trademark symbol with every instance of the mark in question. … Any time you claim rights in a mark, you may use the “TM” (trademark) or “SM” (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the USPTO.

While copyright protects your work authorship, a trademark protect all the details so no one else can use it. Trademark protects details like: mark, name, font, colors. If you want to protect your brand identity you have to register a trademark for your company name, logos, and slogans.

The cost to trademark a name at the federal level ranges from $225 to $400 plus legal fees or $50 to $150 for a state trademark. The average cost to trademark a logo is $225 to $600 plus any legal fees. Get free estimates from trademark attorneys near you.

Can I put TM on my logo without registering?

The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it. The most common use of the TM symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO.