Brand identity plays an essential part in brand development and business success. When you design an excellent-looking logo, the first thing you need to do after making it is the trademark registration of the logo. You don’t want anyone to copy your logo, and that is why you need to secure your logo. But how do you trademark your logo? This blog post will tell you the steps to protect your brand logo and brand name in the USA. Similarly, you need to protect your business name to avoid anyone else declaring it his work, or your creative efforts would go in vain.
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Why is Protecting Your Brand Important?
When you create a brand, you make a home, and you need to protect it. Similarly, you need to protect your intellectual properties from getting stolen. If you don’t protect your identity in the first place, others might steal it. For example, some people had stolen medicine formulas from small firms and patented the medicine in the past. After that, they gave the original owners a legal warning not to sell the medicine anywhere, as they had declared it their invention. So, you must not keep the loopholes open and let your formula get stolen. Your company can also get penalized, which could be a tremendous financial loss. That’s why brand name and logo trademark is vital for any business.
Difference between Trademark and Copyright, and Patent
a. Copyright
Copyright protects work like articles, videos, music, software, and any literary work. It is an automatic process that you get when you create intellectual property. For example, you might have seen c on the footer of websites. It’s a symbol of registered copyright-protected material. You can add it to your work by registering your copyright. It will also help you take legal action.
How long does a Copyright last?
A copyright period is 70 years after the creator dies. After that, the work falls into the public domain, and anyone can use it without permission. But if the owner hand over the work to a successor of as heritage, then it remains copyrighted. Also, you need nothing to keep the copyright active, unlike the trademark, which we’ll discuss below. You get copyright automatically as you’re the creator of the work. However, registering your copyright would make it easy if someone violates the copyright. If you had not registered your copyright, then it’s not easy to prove that the work was yours. You can register your copyright through the US Copyright office.
b. Trademark
Trademarks protect things like brand names, combinations of letters, and slogans. For example, Nestle’s name, logo, and motto ‘Good Food, Good Life.’ While the trademark process is not complete, you can TM symbol after your work, and trademarked items have an R after them. Meanwhile, you can use the TM symbol against your word.
How long does a Trademark last?
You need to renew a trademark after every ten years in the USA. You can renew your trademark unlimited times, and they will trademark your stuff as long as you keep renewing it. However, actively use slogans and anything you have trademarked related to your work to keep a trademark active. Otherwise, you will risk losing your trademark.
c. Patent
A patent is an invention an organization, or an individual has made—for example, medicines, mobile phone designs, and a design of a motor engine. If a person or company has made a drug and patented it, it prohibits other pharmaceutical companies from using that formula. The patent lasts for 20 years in the US. The critical aspect of the patent law is that you cannot renew your patent registration after it has expired. Whatever you had patented, your invention goes to the public domain after the registration expires.
How to Protect Your Brand Name, Slogans, and Logo?
In this section, we will learn about how to trademark a logo and brand name.
1. Hire a Lawyer
Firstly, you need to hire a licensed attorney who has experience in TTAB (Trademark Trial and Appeal Board) proceedings. He would guide you through everything about protecting your brand. Make this investment in protecting your brand as your lawyer would charge you a fee according to his portfolio and experience. That is a worthwhile investment, however. Your lawyer would represent you at the United States Patent and Trademark Office.
However, you are only required to hire a lawyer if your domicile is outside the US. You don’t have to hire a lawyer if you are a USA citizen. However, we recommend hiring a licensed lawyer, so you don’t get confused at any step.
How to find a lawyer?
Well, finding a lawyer is not difficult in today’s internet world. However, it can be difficult, as imposters have fake profiles, fake testimonials, and fake websites. And that’s happening in every field.
Fee
Reasonable attorneys with excellent resumes would charge more, and you might not get a good advocate on a smaller budget. But it’s not impossible. Therefore, look for a better attorney to handle your case. Note that we are talking about the fee your lawyer would charge you for the services and help he’s offering you. The departments set the registration fee for a trademark. You don’t have to pay more or less than officially mentioned on their website.
Moreover, you can get free and reduced-fee lawyers if you hire USPTO’s Law School Clinic Certification Program students. These students practice under the strict guidance of their supervisors. This way, you would easily get a trademark for a logo in less budget. If you get a student willing to assist you without charging, you can also trademark your logo free.
2. Monitor the work
It’s not only the lawyer’s responsibility to do the work. You also have to look at the process and be mindful and let others not infringe on your trademark. Although, your lawyer would guide you through how you can check the process. Suppose someone uses the same name as yours. Moreover, if someone registers a trademark similar to yours before you, you wouldn’t have the right to register a trademark then. You also have to renew the brand and mindfully keep using your slogans to remain protected. You also need to be aware of deadlines. Hiring a lawyer can lessen your tension and burden on your shoulders.
What if someone steals and registers your Trademark Before You?
If someone registers a trademark similar to yours before you, you wouldn’t have the right to register a trademark then. Your lawyer will guide you on how to cope with this situation legally.
Different countries have different levels of law enforcement related to copyright and trademarks. If you have a registered copyright or trademark in the USA, your content is protected only in the US, not globally. However, if you register in the Berne Convention, you will get copyright protection globally.
Things to Avoid
1. Don’t Share These Things
Never give an agent your credit card number, social security numbers, and similar stuff. No legit person would ask you for these details. Beware of suspicious activities.
2. Seek Advice Only from Attorneys
Don’t seek legal advice for agents and workers at USPTO. They can assist you, but they cannot give you any legal advice. Only seek legal advice from US licensed attorneys.
3. Scam Companies
Do not believe third parties claiming to be associated with the USPTO. Also, USPTO does not ask you for a renewal fee by sending invoices via emails neither they ask it on phone calls.
How to Keep the Trademark Active?
- After trademarking a logo, you must submit the required documents to the Trademark office.
- You also need to show your trademark usage to keep your brand alive. It can be very unpleasant for you since they do not require only one time to demonstrate your trademark usage; you have to keep doing it.
- Submit your specimen and acceptable proofs to them, showing that you use your trademark in your business.
- Delete the goods and services from registration that you no longer operate with the trademark. Do not file renewal trademark registrations for products and services that you don’t use.
That is why we suggest hiring an experienced licensed attorney to make things easy for you.
Famous Cases of Copyright and Trademark Infringements
Below we will talk about the IP infringement clashes of four big brands in history.
1. Apple vs. Appfelkind
Apple Inc. filed this complaint in 2011 when they sent a copyright claim to a restaurant in Germany for using a similar logo. Appfelkind won the case and got permission to use the logo since it differed from Apple’s.
2. KitKat vs Kvikk Lunsj
They based this case on the design of a four-fingered chocolate bar. Nestle filed a complaint against the other company for using a similar design. This case started in 2002 and almost lasted twenty years. Initially, the court decided in favor of KitKat; however, Cadbury filed the complaint again. After that, the case lasted another eleven years. Kvikk Lunsj owns Cadbury. The court asked Nestle to prove its uniqueness in all European countries. Four countries provided no evidence on this matter. Finally, the court decided the case in favor of Nestle.
3. Louis Vuitton VS Louis Vuitton Dak
It was a clear-cut trademark infringement case. Louis Vuitton was founded in 1854 in Paris. It sells fashion and luxury clothes goods. This case occurred when a Korean Restaurant used a similar name for their brand. They, later on, tried to change the restaurant title to Cha Louis Vui Tondak. However, it didn’t produce any good results, and eventually, the owner of the Korean restaurant had to pay a legal fine of 14.5 Million Korean Won. If the restaurant didn’t use the VL logo, things could be less severe. It also made little sense for a chicken restaurant to use a two alphabet logo.
4. Poundland vs. Toblerone
Sometimes trademark cases reach the court, but both sides seem justified. The same is the case here when Poland received a legal warning from Mondelez when releasing a chocolate bar, Twin Peaks. Poland representatives told the court that Wrekin Hill inspired their design in Shropshire. In comparison, the chocolate bar Toblerone has a pyramidal shape. Later on, both companies mutually decided the way to end the clash. After that, Poland sold its product Twin Peaks with modifications in it.
Your Work Must Be Unique
So, you have learned how to trademark a logo and name, and you got to know the importance of logo trademarking. However, make sure the name you choose for your company or the logo you have designed should not be like any other company. Now, if you have created them from scratch without taking inspiration from any name or logo, the chances are that it would not be like any logo. Despite that, you must see and check. You don’t have to change slight details that make your logo resemble others, but you must not copy a logo.
If you have made a logo that requires editing as it resembles another logo, you can contact Adravity’s logo design service. They will edit your logo in the best way to keep the originality in it and edit it to make it unique. They can also create logos from scratch for you. Tell them your requirements, and they’ll design a unique and attractive logo for you.