Difference Between a Logo & Trademark

By Victoria McGrath

Trademarks include company names, logos, slogans and designs used to identify and distinguish a company's goods in its business trade. The physical mark can be a word, sign, symbol or design that identifies the trademark owner. A trademark must be a unique identifying mark, specifically associated with the goods or services that a company offers in commercial trade. One type of trademark includes the company logo. A logo can qualify as a trademark -- if it meets the minimum requirements. To qualify as a trademark, a logo must be a unique mark used to identify and distinguish the company's goods or services offered in the marketplace. Strong logos often become easily recognizable trademarks throughout society.

Basic Trademark Rights for Company Logos

Basic trademark rights apply to company logos associated with its products. The company automatically secures trademark rights in its logo once it is used in the marketplace to distinguish the company's products from its competitors. The company does not need to register the logo as a trademark at the state or federal level. State registration provides a public record and general notification of the company's use of the trademark within the region. Federal trademark registration provides broader benefits, including having the trademark listed in the federal database of registered trademarks.

Federal Trademark Registration Benefits

Federal registration provides a legal presumption of ownership of the logo; the exclusive right to use, copy, produce and profit from the logo; and the right to sue in federal court over unauthorized use of the logo. Basic trademark rights also provide exclusive use of the logo, but that can easily be disputed. If two companies use the same logo, a legal dispute over trademark ownership arises. If no one registers the trademark, the first company to use the logo as a trademark qualifies as the legal owner. If the logo is registered as a federal trademark, the courts recognize the registered owner as the legitimate owner. The other company must prove otherwise, with evidence that it used the logo before the federal registration date. The company might be able to show its earlier use of the trademark, based on an earlier date on a state registration application.

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Federal Trademark Registration Process

A company registers a logo with the U.S. Patent and Trademark Office, similar to the registration process for other trademarks, such as names and slogans. Each trademark name, logo and slogan must be registered as a standard character mark, stylized/design mark or sound mark. A company logo generally qualifies as a stylized/design mark, with specific font style, size and color. The type of mark and types of goods must be identified on the application. The registration application requires a description of the logo, a drawing of the logo, a product sample with the logo on it and applicable registration fees. The logo may be registered once the logo is in "use in commerce" or based on the owner's "intent to use" the logo as a trademark.

Logos Used as Trademarks

The most powerful company logos instantly capture their target audience. Consider the strength of logos as trademarks on restaurant row. A consumer can easily recognize the golden arches, the jack-in-the-box and Colonel Sanders. The golden arches obviously refer to McDonald's capitol "M" logo. The logo is actually yellow, but the company has trademarked the logo as the "Golden Arches." Jack-in-the-Box serves as both the trademarked name of the fast food restaurant chain and a description of its logo. The company trademarked its logo as a "clownhead design" in 2D, and in 3D with folded arms. Kentucky Fried Chicken uses its monogram, KFC, as its trademark name and logo. Another popular logo used to identify KFC's restaurant chain is the image of Colonel Sanders. Each of these logos serves as a company trademark.

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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.

How to Apply for a Trademark

A trademark is a distinct design, symbol and/or phrase that distinguishes and identifies the services and goods of a company from other entities. Registering a trademark with United States Patent and Trademark Office (USPTO) gives a business exclusive use of the mark. It also gives businesses the right to use the federal registration symbol for trademarks. The USPTO offers online registration of trademarks.

What Does "Date of First Use" Mean on a Trademark?

The first company to use an trademark secures exclusive ownership rights in the trademark. The "date of first use" refers to the date a trademark owner uses an original mark to identify his goods or services in the marketplace. A trademark includes an original mark, sign, symbol, word or design -- or a combination of words, phrases or designs -- to identify and distinguish a company's goods and services from its competitors. Trademarks help the general public identify their preferred products in the marketplace. The exclusive trademark rights depend on the originality of the mark and the date of first use in commercial trade.

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