EVERYTHING YOU NEED TO KNOW ABOUT TRADEMARKING A LOGO
Have you ever wondered what those little ™ and ® symbols on most brand logos are, and why on earth they even exist? Well, those little buggers are the ‘trademark’ and ‘registered’ trademarks that protect your logo from those dreaded copyright thieves.
Your logo is a crucial part of your brands identity and it’s what makes your business recognisable from the many others in your niche - so it’s something that you really need to protect as you grow. Some trademarks have better protection, some are free, and theirs pros and cons for each.
So if you have a logo or are in the process of creating one, then this guide covers all you need to know so you can choose the trademark that’s right for you and what it takes to get one.
SO…WHAT IS A TRADEMARK?
A trademark is a piece of intellectual property that distinguishes your product or service from those of your competitors and can take many forms, the most common being logos and names. When somebody else uses your intellectual property without your consent, it’s known as infringement and as the owner of that property, you have the right to take legal action against anybody infringing on it.
Other examples of what can be a trademark:
Slogans
Colours
Sounds
Patterns
Shapes
Your trademark must be unique so it can’t be confused for an already registered trademark. It also can’t be descriptive, so you can’t just call your new trainer brand ‘sports shoes’ thinking it a “smart business play”. Likewise you couldn’t call it Dumbro – because it could easily be confused for Umbro. You see where I’m getting at?
*TOP TIP - You can check if a trademark is already in use or looks similar to another brands trademark by using Gov.uk’s search for a trademark tracker.
WHAT ARE THE DIFFERENT TRADEMARKS?
This is the trademark symbol (TM for short) and is used to notify competitors that you are in the process of getting a registered trademark. It doesn’t have any real legal protection over your logo, so don’t slap this next to your design and think it’s safe, because it’s not - however it can keep others away from legally registering there logo if it’s similar to yours.
What I like to call the “upgraded version” of a trademark, is the ‘registered trademark’. This is used when you have legally registered your logo through gov.uk or USPTO, if you’re based in the US. The difference with this trademark is that you have legally registered your logo with your government, so you’ll have full protection over it if anyone tries to use it. There is however a non-refundable fee of around £170 to submit your application and a wait time of 3-4 months.
IS THE COPYRIGHT SYMBOL ALSO A TRADEMARK?
Yes, it’s another form of intellectual property that allows creators to protect their work from being copied or reproduced without permission. For example, you couldn’t walk into a cinema and record the latest Marvel film to mass produce and sell for yourself, as that would be breaching copyright law. However unlike a registered trademark, you don’t have to apply or pay a fee for one - if your work is a piece of original writing, film recording, broadcast or music, you can put a little © on it.
A copyright expires 70 years after the authors death and can vary from the different types of content produced - so really, you’d be covered for life…and them some.
WHAT DOES THE PROCESS OF TRADEMARKING A LOGO INVOLVE?
0. Before you apply for trademark registration you should conduct a thorough search on gov.uk’s database, like I mentioned previously and on Google. You’d be surprised what the internet sieves out, it’s an easy way of catching logos you wouldn’t necessarily find. You should also know that once you’ve registered your logo for a trademark, you will not be able to change that logo until it expires, which is 10 years…so make sure you like it.
1. Once you’ve done your research and their’s no logo that looks similar to yours, you can apply for registration.
What you need to apply;
Details of what you want to register, in this case your logo.
The personal or company details of the intended owner of the trade mark.
The type of goods or services (known as ‘classes’ and ‘terms’) you want to use your trademark for.
2. After your application is submitted the Intellectual Property Office (IPO) will examine your application and send you an examination report within 2 to 3 weeks. The report tells you if there are problems with your application (known as ‘objections’), that may mean you would not be able to register your trademark, if this is the case you have roughly 2 months to resolve any objections.
If there are no objections or you resolve them, your application will be published in the trademarks journal for 2 months. During those months anyone can ‘oppose’ your application and if that becomes the case IPO will let you know, in which case you’ll have to either withdraw your application or legally defend your application.
3. If nobody opposes your application within those 2 months your trademark will be registered and you’ll receive a certificate that confirms the registration. Your logo will be registered for 10 years before it expires and you have to re-apply, but within that time you’ll be able to object other trademarks, if you think they have a logo similar to yours.
IS REGISTERING YOUR TRADEMARK WORTH IT?
In my opinion, YES!
As you grow your business and you start becoming recognised, your logo will be what others imagine first when they think of your brand and it will be on every brand asset you create (business cards, posters, magazine adverts etc.). So it needs to be protected. Maybe not straight away, but when you gain a bit of a following, definitely put a stamp on it.
The last thing you want is putting in all the hard work, become recognised by a certain logo mark and then someone comes in and steals your identity because you didn’t “see the point” in trademarking it. You could ultimately lose a lot of that business because you’ve had to change to a different identity.
THE CONCLUSION
Hopefully by the end of this blog, I’ve totally persuaded you that trademarking your logo is a MUST. It’s something that should be in every start-up business’ handbook, if it’s not already. When you come to trademarking, the first step is putting the little ™ on your logo to fend off others, then apply for a registered trademark (®). It may seem overwhelming at first when you apply, but it’s really easy and simple to do. Just take one step at a time and if you’re ever unsure about certain information, give it a google to get better clarity - that’s what I did and always do. It’s a lifesaver!
You should only trademark your logo when;
You are happy with how it looks (remember it lasts 10 years).
You know it’s unique because you’ve done your research.
You see your business growing and getting a fanbase.
You’ve read this blog and it’s totally changed your mind.
