Generally, Fair Use allows others to use trademarked and copyrighted work in ways that won’t lead to consumer confusion. For example, you can’t name your business “Juicy Oranges” and expect to trademark the name and a logo featuring the name.Ī trademark also can’t prohibit others from using your intellectual property in ways compliant with the Fair Use Doctrine. What can’t it protect?Ī trademark can’t grant you the exclusive right to anything generic. You’ll need something unique like this orange mascot by Francesca.ibba00. You may prevent the importation of foreign goods that infringe on your trademark.įor example, if you grow oranges, you likely won’t get a generic image of an orange trademarked.It paves the way for you to register your trademark in other countries more easily.You are legally presumed to own the trademark and hold exclusive rights to use it in relation to the goods and/or services listed in your registration.The public is notified of your trademark registration.The right to take legal action against alleged infringement of the trademark in federal court.Registering a trademark with the USPTO grants you the following rights and protections: Other countries have similar agencies and offer similar trademark protection through them. In the United States for example, trademarks are registered with the United States Patent and Trademark Office (USPTO). But by registering your trademark, that right is strengthened and you gain additional legal protections. By simply creating and using a logo, you automatically have the sole right to use it and take legal action against infringement. A trademark protects intellectual property that does exist for explicitly commercial purposes, like brand names, logos, taglines and slogansĪ trademark solidifies your ownership of your intellectual property. A copyright protects artistic endeavors like novels, works of visual art, short stories, characters’ names and fictional worlds, songs, code and other types of creations that don’t explicitly exist for commercial purposes.The difference between them is the specific types of intellectual property they protect: via Pixabay How is a trademark different from a copyright?Ī copyright does the same thing as a trademark. Intellectual property infringement is something every designer should have at least a basic understanding of. Outside these circumstances, infringement is illegal and as the owner of the intellectual property, you have the right to take legal action against anybody infringing on your intellectual property. However, there are a few circumstances under which another party may use your intellectual property without your consent-in the US, these are covered by the Fair Use Doctrine. When somebody else uses your intellectual property without your consent, it’s known as infringement. You also control how it can be added onto, like in the form of a sequel. You have near-total control over your intellectual property, which means you get to decide if and when to sell it, who you license its use to and the circumstances under which the license is granted, so what licensing entails and what it costs the licensee. If you create something, it’s your intellectual property. Almost anything can be a piece of intellectual property: a drawing, a song, an innovation, a unique process, a novel, a movie, an invention, the code you’ve developed, a recipe and in some circumstances, an application of a scientific discovery. Intellectual property is any type of original creation. One of the aims of trademark and copyright laws is to prevent knock-offs like “Harry Potter and the Leopard Walk Up to Dragon.” Via Trademark and Copyright Law Blog Here we answer the top questions about trademarking a logo.Ī trademark is a legal designation that protects a piece of intellectual property from infringement. But without an officially registered trademark, that right isn’t as secure as it could be. That means that, without doing anything paperwork-wise, you have the sole legal right to use and amend that logo as you see fit. And if you have a logo or you’re in the process of creating a logo, understanding these tips for trademarking a logo can save you time, money and headaches as you grow your brand.īy simply having a logo, you have what’s known as a common law trademark for your logo. You know those little superscript symbols next to brand names and logos-™ and ®? They’re the trademark and registered trademark symbols, respectively.
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