How To Trademark A Logo

The company logo design is a valuable piece of business property. Many consumers choose between products only by looking at logos, because they associate certain brands (and their respective logo) with a quality. As with any property, logos need to be legally protected. That is accomplished by registering the image as a trademark with the Intellectual Property Office. The common belief is that all trademarks need to be registered with Companies House. However, that’s not the case when it comes to a logo design. Companies House will only trademark the name of the company. The Intellectual Property Office is the agency that registers the various words, logos and pictures used to identify products or services used in commerce.

Trademarks and Copyrights

  Before looking at the procedure for trademarking a logo, it’s important to address an issue that is confusing to many people – what is the difference between a trademark and a copyright? Trademarks protect a name, word or phrase, a design, or a symbol that distinguishes one company’s goods or services from those of another. For example, Apple trademarks are plainly visible (indicated by either the “RTM” or “®” symbol) on an iPad because both the word “iPad” and the Apple logo design are protected. Consumers immediately know that the device is made by Apple, and will assume it has the same level of quality that they associate with Apple products in general. In contrast, copyright is an intellectual property right that vests in a “work” created by the author. As an example, the text content of a book is copyright of the author. That legally protects the book from plagiarism. When the author signs to a publishing house, he or she assigns the copyright to the publishing house in exchange for royalties.  

Can a group of words be both a copyrighted work and a trademark?

  Yes, if the claim is made that the phrase had an author. One example is McDonald’s, which uses the advertising slogan “I’m lovin’ it.” The phrase can be both a mark and copyrighted work. As a matter of practicality, however, most companies will file just for a trademark since it is far easier to enforce than a copyright claim for a three-word slogan.    

Trade and Service Marks

  Another question that often arises: what’s the difference between a trademark and service mark? They’re essentially the same. There’s just one significant difference: the inherent nature of what is being sold or protected. A trademark protects a business name or tangible product.  A service mark, as its name would imply, protects a service that is being provided. For example, Apple marks are designated as “trade” because they protect products traded in commerce. The mark of a large financial company’s tax service, on the other hand, would be designated as a service mark since the business provides a service to customers, and not a tangible product. It is a small but important distinction.]]>