Protecting Your Brand Design
Query: Is a federal trademark registration the best means to guard a log design?
Answer: It relies upon…
The reply to this query will depend on the way you intend to use the mark in commerce. For example, for instance you develop a brand or design that you simply and your folks actually like and persons are asking for a t-shirt that shows the logo. So you now plan on going into enterprise promoting t-shirts, sweat shirts, and many others., along with your logo prominently displayed. However before you do, you want to verify and protect your brand design. Is trademark the very best safety?
Remember, a trademark is an identifier. The mark identifies to the consuming public the producer of a particular product, or in made in usa t shirts the case of a service mark, the supply of a particular service. With use in commerce, it turns into a recognizable emblem design which identifies your product or companies from these services or products of others. That is not what the logo design is doing in our t-shirt instance. You aren’t a t-shirt, sweat shirt manufacturer. You are merely buying the clothing from another supply with a view to show your new design. The emblem is solely being displayed on the t-shirt, it is artwork. In accordance with trademark law, material that’s merely a decorative feature does not establish and distinguish the enterprise owner’s items and, thus, doesn’t perform as a trademark. You aren’t utilizing the logo design as a trademark, however as an identifier. I’d therefore not advise pursuing trademark safety however as an alternative, apply for copyright registration on the design.
If nonetheless, you’ve gotten a product, and also you intend to show the very same new brand on the product, and/or show the new brand design on the product’s packaging as nicely because the advertising supplies for the product, that is clearly using the emblem as a trademark. With continued use in commerce, you’re educating the general public that when they see the logo design on a product, or on packaging, or in promoting, that your business is the supply of the product. In this case, trademark registration is the fitting manner to guard the design.
Is your name, logo, design truly a trademark, or extra ornamentation? The exact same design brand, however, in one instance, copyright registration is the answer, and in the second instance, trademark registration is the reply. It all is determined by how you use the mark in commerce.