Trademark Vs. Logo

By Elizabeth Boyd

Logos distinguish your business from the competition. Trademarks ensure that you maintain exclusive rights to this highly identifiable feature of your company. Rather than being at odds with each other, trademark rights provide protection for your logo, and this protects both you and your customers.

Logos distinguish your business from the competition. Trademarks ensure that you maintain exclusive rights to this highly identifiable feature of your company. Rather than being at odds with each other, trademark rights provide protection for your logo, and this protects both you and your customers.

Identifies Your Business

Your logo is a visual and symbolic representation of your company in the marketplace. More importantly, it communicates something about your business: who you are, what you have to offer and what your company is about. An effective logo makes you stand out in a beneficial way. Safeguard this important marketing tool through trademark rights.

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Trademark Value

Your trademark identifies you and your business as the source of your products and services. It ensures that your customers know that what they are getting is a bona fide product by you, and not a competitor's copy or knock-off. You can obtain trademark protection without formally registering it with the United States Patent and Trademark Office. Once you have used your logo in commerce in association with your goods and services, you have established common-law trademark rights in your geographical trade area. To expand your trademark rights and more effectively protect it against infringement, you can register your logo as an official trademark with the USPTO.

Protect your brand. Register My Trademark Now
Difference Between a Logo & Trademark

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Breach of Trademark Effects

A trademark is a brand name -- and includes any word, symbol, device, or combination thereof that distinguishes the goods or services of one owner in the marketplace. You hold exclusive rights to a trademark once you establish it in the marketplace or register it with the trademark office. Once you register your trademark, only you have the authority to use it to identify your product. If another seller uses your trademark, that person infringes on your trademark rights and breaches the trademark restrictions; you can then take legal action.

Do You Have to Trademark Paintings?

A trademark is an emblem or phrase that uniquely identifies goods and services in the marketplace. Trademark rights attach immediately upon use of a mark to identify goods in commerce, but registration at the state and federal levels is a way to put the public on notice of a person's claim to rights in the mark. A painting may only be subject to trademark protection under limited circumstances.

Trademark Rights for a Similar Logo

The U.S. Patent and Trademark Office doesn't allow you to register a trademark if a similar trademark is already used to market the same good or service. The purpose of trademarks is to prevent confusion, and they play a key role in establishing specific brands. This is especially important in sectors of the market that are flooded with similar products.

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