But if "The Barber Shop" submitted an application with a unique logo that included the words, that logo might be eligible for trademark protection. It must be different enough from any other similar logos that it doesn't infringe on an existing trademark. The trademark, in this case, wouldn't protect the name of the business. Instead, it would restrict other barber shops from using a similar or identical logo. Small companies or start-ups may hold off on filing until they have funds available.
Using the SM or TM symbols might offer some breathing room until a company has enough money to file for a trademark. If you plan to change your logo in the near future, you might as well hold off on submitting a trademark application. Some companies focus more on protecting the business name than the logo. You can register your company name in the state in which you do business. During that registration process, the Secretary of State's office searches other registered business names to avoid duplication.
If you choose not to trademark your company's logo, you're missing out on legal protection against someone else using your design. In the event that another business uses something similar, you won't have many rights to protect your intellectual property.
Trademarking your logo gives your company the exclusive right to use, produce, copy, and profit from it. Not trademarking a logo also puts your company at risk for someone else applying for a trademark on something similar.
If that application is approved, your logo is now infringing on their legal protection. From a legal standpoint, the first company that uses a mark is the legal owner.
But if you don't file for protection, it's difficult to prove that you used the mark first. A court will recognize the person or company who first filed the trademark application as the legitimate owner. One common mistake is creating a logo that looks very similar to another. If a company has trademark protection on its trademark, and you create one that is too much like it, you are at risk of being sued.
Businesses often create logos and start using them without searching what already exists. Even if you think your logo design is unique and different, there are thousands of companies that have trademarked logos that you may not know about. Another mistake is waiting too long to file a trademark application. There is no firm deadline, but another company may file for a similar logo design while you're putting it off.
The filing date is the most important part of your application when disputing who actually owns a mark or logo. In order to receive a trademark on your company logo, you need to submit an application to the United States Patent and Trademark Office. Include an image of the design exactly how you plan to use it. You may also want to file multiple applications for black and white and color versions. Applying for a trademark on your company logo is not required.
But doing so does extend legal protection that restricts others from using your exact logo or even something similar. When you hold a trademark on your logo, it gives your company exclusive rights to it. There may be additional fees paid directly to an attorney or specialized service if the business owner chooses to hire them. Yes, a logo can be both copyrighted and trademarked.
A logo has a copyright as soon as it has been created, but the copyright owner can also register the logo with the U. Copyright Office. Chauncey grew up on a farm in rural northern California. At 18 he ran away and saw the world with a backpack and a credit card, discovering that the true value of any point or mile is the experience it facilitates.
He remains most at home on a tractor, but has learned that opportunity is where he finds it and discomfort is more interesting than complacency.
Jane Haskins practiced law for 20 years, representing small businesses in startup, dissolution, business transactions and litigation. She has written hundreds of articles on legal, intellectual property and tax issues affecting small businesses.
In that role, he was responsible for writing, editing, and strategizing content geared toward small business owners. Before that, he worked at PCMag as a business analyst. Select Region. United States. United Kingdom. Contributor, Contributor, Editor. Editorial Note: Forbes Advisor may earn a commission on sales made from partner links on this page, but that doesn't affect our editors' opinions or evaluations.
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Information provided on Forbes Advisor is for educational purposes only. Your financial situation is unique and the products and services we review may not be right for your circumstances. It provides some protection, but nothing compared to going the full distance and requesting a federal trademark. Specifically, it provides a cloak of protection only in the state in which it was filed, and nowhere else.
A federal trademark, sought through the USPTO, provides national protection, meaning across all state lines. Even if the scope of your business extends to the state line — today — consider the possibility that it might go over the line next year or the year after. Or your business model may broaden to include an e-commerce component. Both possibilities underscore why the protections afforded by a federal trademark would make sense, especially when you consider that it could allow you to sue in federal court if you discovered someone using a disturbingly similar domain name.
Protecting your legal rights to what should be a coveted part of your business is the most compelling reason to file a trademark registration for your business logo. If you find out that someone is using your trademarked logo, you can file a lawsuit and insist that they stop. Without it, you may be pleading on deaf ears — and without the persuasive heft of the law behind you. A federal trademark also would free you to seek monetary damages, if you are so inclined, FindLaw says.
They each discovered a business person in a nearby community using a similar-to-near-identical logo to their own, and there was little to nothing they could do to stop it, not without a federal trademark. Rather than risk confusion or face a diluted brand, all the businessmen decided to scrap their logos and start over with new ones.
The next time around, the new logos were barely off the desk of the respective graphic designers before the owners started the process of seeking federal trademark protection. In addition to legal protection, they learned the hard way that those two tiny letters convey a seriousness of purpose. If it wraps up sooner, consider yourself ahead of the curve. But there is a lot to do in that time frame, including:.
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