What happens if you don’t trademark a logo?
If you decide not to trademark your logo, you do acquire trademark rights simply by using it in connection with your products or services. … However, these rights are only limited to the geographic area in which the mark is used, and they do not give you the full benefits of federal registration.
What kind of trademark do I need for a logo?
The common law trademark is limited by geography, giving them minimal protection. It isn’t required, but to give your logo the most protection possible, it is beneficial to register your logo as a trademark with the USPTO. A common law trademark or unregistered trademark should be marked either with ™ or SM marks.
What is the cheapest way to trademark?
The cheapest way to trademark a name is by filing with your state. The cost varies depending on where you live and what type of business you own. If you are a corporation or LLC, you can expect to pay less than $150 in most cases, while sole proprietors and contractors can pay anywhere between $50 to $150.
How long does a trademark last?
How long does a trademark last in the US? In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.
What is the difference between copyright and trademark?
Copyright protects original work, whereas a trademark protects items that distinguish or identify a particular business from another. Copyright is generated automatically upon the creation of original work, whereas a trademark is established through common use of a mark in the course of business.
How do you tell if a logo is copyrighted?
You can search all applied-for and registered trademarks free of charge by using the U.S. Patent and Trademark Office (USPTO)‘s Trademark Electronic Search System (TESS). If your mark includes a design element, you will have to search it by using a design code.
Can I sue someone for using my logo?
Any time your company uses a logo to identify its products or services, you establish common-law trademark rights. Common-law trademark rights may allow you to sue a competitor to prevent it from using your logo, particularly if it is in a way that attempts to portray itself as your company to consumers.
Can you get sued for logo?
Trademarks work somewhat differently than copyrights in that merely printing someone else’s logo doesn’t automatically mean you’ve infringed upon the owner’s rights. Most logos are, in fact, not protected by copyright law. Still, trademark infringement could result in a lawsuit to stop the infringement.
Can I get sued for a similar logo?
One of the most common forms of infringement occurs when a company attempts to use a logo that looks similar or uses similar language as another copyrighted logo. If the competing logo creates confusion, then its owner could face legal action for infringement.
Should I trademark my business name and logo?
A small business needs to protect its intellectual property, which includes its business name and logo. … Generally speaking, you should apply for trademark registrations for your business name, logo, slogan and designs separately.
What is the cost to trademark a logo?
Applying for a trademark using the standard filing service is cheaper as the starting cost is $250. However, it may cost you more in the long run if your application is filed with mistakes because it is not refundable.
Is slogan a trademark?
Trade Mark Applications are filed for registration of Slogan. Slogans are protected as trade mark under Section 2(m) and 2 (zb) of Trade Marks Act, 1999.