Logo trademark protects the design element used to identify the goods or services of one person or organization and to distinguish these goods or services from those of others in the market place.
How to Trademark a Logo?
The process to trademark a logo is identical to that of a word/phrase. Only the target of the trademark is different. If your logo includes your name or slogan it will require two trademarks to protect it. One trademark is required to protect the graphic portion of the logo and one trademark is required to protect the name or slogan portion, if these are not already trademarked. Please note that you do not copyright a logo because copyrights protect the creative intellectual property such as fine arts and music.
Protection is based on the artistic elements and the layout of the image.
When your mark is under examination, it will be compared to other existing logos from both registered trademarks and trademark applications.
If there are too many design similarities to an existing mark with comparable wares and services, you may not be able to register your logo trademark without some revisions.
It is possible to have text in your logo trademark, but that text will not be explicitly protected and could result in a conflict if that text is trademarked in association with similar wares and services. (For protecting text you need a word/phrase trademark.)
Do not include the trademark symbol (™) or registered trademark symbol (registered trademark sign, ®) in the logo that you wish to submit for registration. These are not design elements and will not be permitted.
Before you move on to the process, keep in mind that logo trademarking is not easy. You need a professional service such as Wilson Patents Trademark Agency Canada to make the process smooth and less difficult.
Process of Registering a Logo Trademark
Registration to trademark a logo usually involves:
- A preliminary search of existing trade-marks: In this step, you have to search for existing logos. The search is not easy as there are several different places to search registered logos – Internet, journals, newspapers, yellow pages and more. For this purpose, you can rely on trademark agents Canada who know how to search for existing trademarks.
- An application: After searching for existing trademark, next step is to apply for registration. What seems like a simple task can turn into a nightmare if your application lacks important details. In the next step you will see why application should be free from any flaws.
- An examination of your application by the Trade-marks Office: The trademark office will review your application for any flaws. He might ask for re-submission by highlighting certain flaws in your application. In order to get your application approved without any flaws, you need a trademark agency Canada to help you prepare it.
- Publishing of the application in the Trade-marks Journal: After the application is examined and approved, you have to publish it in the trademark journal of Canada. This step ensures that no one else can copy your logo for good.
- Time for opposition (challenges) to the application: A specific time is given during which the published application can be challenged. A trademark can be challenged on legal grounds depending if the logo hurts emotions or values of anyone in public.
- Allowance and registration (if there is no opposition): After the lapse of time for opposition without anyone challenging the trademark, the logo will be registered.