A distinctive and memorable logo can help you stand out in the marketplace.As soon as you draw your logo, it is copyrighted.You can attach the optional copyright notice to the logo.The ability to file lawsuits in US federal courts is one of the advantages of optional registration of copyright ownership.The logo should be registered as a trademark.
Step 1: Your logo should be creative.
Copyright cannot be used to protect names, colors or works of others.You can't trademark familiar symbols or typographical ornamentation.If your logo is sufficiently original and creative, it could qualify for a copyright as an artwork.The Baltimore Ravens were able to get protection for their image of a raven, which was found to be sufficiently creative.If the logo has already been used as a trademark on goods in commerce or registered, you can't copy it.Search for the U.S.The office has a website.You can include "logo" as a search term.You can search state, federal, international and private databases for trademarks with certain characteristics that might match your logo.Most copyright owners don't register their ownership.
Step 2: Fix the copyright symbol.
The letter C is the copyright symbol.You can put the symbol on the logo or beside it.Copyright notice on works published in the USA has been optional since 1989.
Step 3: If applicable, add the publication date.
You can use the date your logo was published.If you created the logo in 2015, then use that date.You should write "Unpublished Work" before the copyright symbol if you haven't used the logo yet.
Step 4: Who holds the intellectual property?
The creator of the logo owns the rights to the artwork.It is possible that they transferred their rights to others.You should include the name of the person who holds the copyright.An abbreviation or generally known alternative designation can be used.Unless you own the copyright, use your legal name.If the logo was not published, the notice will read: "Unpublished Work Copyright 2017."
Step 5: You should register your copyright.
If you are the copyright holder, you can prevent other people from reproducing your logo.You have to register your US work with the US Copyright Office in the Library of Congress in order to bring a lawsuit for illegal copying in a U.S. court.The requirement applies to the U.S.According to multi-lateral treaties, it is possible for foreign works to be enforceable in the US courts.Even if you don't register your copyrighted work, you may have other rights, such as trademark priority, that you can use to stop others from using it.
Step 6: You can register online.
It is cheaper and quicker to register your copyright online.If you pay a lower filing fee, your copyright will be processed faster.You can pay with a variety of payment methods.Before you can register online, you need to create a user ID and password.Copies of your logo artwork must be submitted to the Copyright Office.If you use cross references to your online filing, you can do this online, though you may have to mail copies to the office.
Step 7: You can use the paper application.
You can still register your work using the visual form va.You can find it on the Copyright Office website.If you want to print your information on a hard copy, enter it directly into the digital form.The form gives complete instructions.You can call toll-free at 1-877-476-0778 if you have a question.
Step 8: You can submit your application by mail or electronically.
Make a copy of your application and send it along with your deposit copy to the Library of Congress.The office is on Independence Avenue in Washington, DC.You should include two deposit copies if your logo has been published.Only one copy of the logo is needed.You can find the current fee on the Copyright website.You can make your check or money order payable to Register of Copyrights.Payments must be made in U.S. dollars.When the paper application has been received, you won't be notified.If you want a written notification, send it certified mail.When the online application is submitted, the Office issues an email to confirm that the application has been received.Your "effective date of registration" is when the Copyright Office receives a completed application, the necessary fees and the required deposit copies.If the copyright examiners find problems with your application, you will be given a limited time in which to respond.
Step 9: You will receive a certificate of registration.
It can take six months or more for your application to be processed.It takes two months for electronic submissions to be processed.You can use your application number to check its status if you file electronically.
Step 10: Obtain trademark rights for your logo.
If you haven't abandoned your trademark rights or the brand remains associated with your goods or services, trademark protection lasts as long as you do.Copyright protection lasts for a limited time.This is defined by the author's lifetime plus 70 years, or up to 120 years for a "work made for hire".The work becomes public domain when the Copyright expires.You might want to get the benefits of trademark protection.A trademark is a phrase, word, symbol, design or combination that identifies the source of goods or services.Copyright protection is not as broad as trademark protection.If you sell different goods or services, trademark rights won't prevent other people from using something similar to your logo.
Step 11: Look for similar trademarks.
This is called clearing your brand.You can't register a logo that is confusingly similar to an existing trademark.A preliminary search of the Trademark Electronic Search System database is free.The online Design Code Search Manual can be used to find specific design elements.You could use the "free form search" to find similar logos and then copy the relevant element codes to search for other related designs.You may want to look for state trademark registration as well as various privately operated databases for non-registered trademarks related to your field of use.A professional search firm can be hired to produce a clearance search report.Legal similarity of brands is judged according to appearance, sound and meaning, when taken in their entirety.One of the factors of "likelihood of confusion" is the similarity of brands.For example, a design of a ship's anchor and the word "anchor" may be deemed "identical" elements of trademarks being compared, but can be overcome by other dominant elements that are clearly distinguishable.Generic elements may not have an effect on comparative distinctiveness.If they are used to mark different and unrelated goods or services, identical brands can be used.The consumers will not be confused by the similar marks.Both Delta Airlines and Delta Faucets use the same name.A common brand that is used by many others is considered weak.All of your goods and services are in the same classification, so pay particular attention to any pending applications.Before you file a federal trademark application, you should clear your logo to the best of your ability.If anyone finds your application online, they can immediately file a lawsuit against you if they feel your brand is confusingly similar to theirs.
Step 12: If you want trademark protection, apply.
You can register your trademark online using the Trademark Electronic Application System.You can pay the fee and submit a drawing and specimen of actual use of your logo online.There is a way to understand the process.US trademark laws do not require you to register your trademark.You can gain substantial trademark rights by using the logo in connection with the packaging and marketing of goods or services.There are many advantages to registration.You may need to register in the US Patent and Trademark Office before you can file a lawsuit in federal court if you claim ownership of the trademark.Federal registration gives you priority over others who may start using similar brands after your official filing date.State registration gives you priority over confusingly similar brands later used within that jurisdiction.At the very least a state or federal trademark registration will more quickly turn up when others are searching for similar brands, in the process of verification for their own newly proposed logos.If you maintain your federal registration in good standing, the examiners will automatically reject applications filed later by others if their logo is deemed similar to yours.If you need to use the Madrid Protocol in the future, you can use a federal registration.Trademark registration fees are usually tied to how you file and how many classifications of goods or services are described in your application.You can find the current list of filing fees online.State trademark registration fees are usually less expensive than the federal ones.
Step 13: The appropriate designation is used.
The letter R inside a circle is the federal registration symbol for the trademark.If you haven't registered it in the US Patent and Trademark Office, you can use either " SM" or " tm" for a service mark.Your logo should be used consistently in connection with the marketing of your goods or services.You can lose your trademark rights if you don't.Don't use ® on goods or services that are outside the scope of the description included in your federal registration.Do not submit an application specimen that shows you are using ® on your logo.
Step 14: You should receive your registration and maintain it.
Your trademark and description of goods and services will be published in the Official Gazette after your application passes initial review.You will receive your certificate if there is no public opposition within 30 days.Even if no opposition is filed, it might take a year or more to get approval.Periodic maintenance fees are required to keep your registration active.Five years after your registration is granted, the first maintenance fees are due.In the various states, renewal fees may be annual or every five or ten years.If you continue to use your logo and protect it from misuse, you may retain your other non-registered rights.If you want the benefits of registration, you should consider filing for additional registration if your product line expands.The filing fees are the same regardless of whether you file separately for each class of goods or in one application.