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But if that grace period passes and you still don’t submit those forms, the USPTO will strip all of your legal intellectual property protections. You don’t have to use these symbols in your logo (in fact, we recommend not including them, as they can hurt a clean design), but they do make it evident that your logos are protected. Nirvana LLC filed a lawsuit claiming Marc Jacobs’ “intentional copy” of the smiley with minor alterations for his clothing line. Nirvana’s lawyers said the image was registered for copyright in 1993 and declared full ownership of the image.
Federal trademarks
In an infringement lawsuit, there must be a likelihood of confusion, meaning the mark is used in connection with the same goods like computer technology, let’s say. The rules change slightly if you offer a service (it’s even easier!). All you need to supply is materials used to advertise your business.
Trademark application
If you fail to submit these forms entirely, though, the USPTO will consider your logo abandoned and you will lose all of your legal intellectual property protections. For Madrid applicants, the deadline is six months from the issue date of the office action, with no option for an extension. Click on the headings below to learn about the two types of drawings, the protection each provides, and when a special form drawing is required.
Can you trademark your logo if you designed it using a logo maker?
If the concerns are more involved, you will receive a letter called an Office Action that outlines the reasons for the denial. We believe everyone should be able to make financial decisions with confidence. For more information about when a special form drawing is required, see TMEP section 807.04(b). A freelance graphic design service might use this symbol next to their brand name before obtaining official registration. Avoid generic or common visuals, or else they may have a similar likeness to other logos.
You can sue if your mark is well-known and any other use of it will weaken the mark’s reputation. It takes anywhere from 6 months to one year to receive the final decision. The product specimen must present evidence of a transaction between you and your customer. So when I say you’ll need to describe the good or service, I mean really get into detail. The USPTO has 45 different classes that your good or service might fall under. For example, one category includes precious metals such as jewelry; another incorporates musical instruments.
Working to resolve office actions quickly will help move your application towards registration approval. When brainstorming logo ideas, focus on developing a recognisable and unique look. Instead, be creative and craft a meaningful symbol for your brand that makes a strong visual impact. Aim for a design that customers will remember and that you can legally protect as your intellectual property. With a distinctive and original logo, you will be off to a strong start in building your brand image.
Before sharing sensitive information, make sure you’re on a federal government site. If your search of supermarket designs returns too many results to review, you may want to limit the search to include designs of “human beings.” You could use design search code 02.01 and leave off the section code. You could also limit by coordinated classes of your goods or services.
All the documents are in order, the forms are filled, and you are ready to hit submit. If you provide a service such as delivering custom-made candles to special events, you would simply supply an invoice or a screenshot of the website where you offer your services. If your logo represents a physical product like a candle, you’d provide a photo of your logo on the candle itself, a photo of the packaging or tags used for the candle, or a photo of the candle on display in a store. Again, it is really important to classify your product using precisely the right words.
Apply to register your trademark
When creating a logo for your business or brand, it is crucial to make it distinctive and original. A logo that is too generic or relies heavily on overused design elements is less likely to be memorable and recognisable. Strive to craft a logo that is uniquely tied to your company and does not too closely resemble any existing logos, especially those of competitors or significant brands in your industry. For more information about the protection provided by standard character and special form drawings, see 37 C.F.R. section 2.52(a) and In re Calphalon Corp., 122 USPQ2d 1153, 1160 n.8 (TTAB 2017). • A JPG or PDF file of a “specimen” that shows an example of how the logo appears on the product or service itself. Every design mark application requires a special form drawing that shows the mark with its design features.
If you are a service provider, however, the rules for a specimen are a bit more relaxed. Unlike for goods, materials used to advertise your company or in the course of daily business will suffice. Such items need only show a “direct association” between your logo and the services you offer and explain the nature of those services. This being said, not only does the USPTO attempt to avoid any mixups among logos and brands, but it also denies any applications whose contents it finds offensive.
If the SOU does meet the minimum filing requirements, then the examining attorney reviews it to determine whether it is acceptable to permit registration. You may not withdraw the SOU and the filing fee(s) will not be refunded, even if the SOU/application is later refused registration on legal grounds. If no refusals or additional requirements are identified, the examining attorney approves the SOU. If the applicant does not file a statement of use or extension request within six months from the date the notice of allowance issued, the application is abandoned (no longer pending/under consideration for approval).
This is for those of you who decide to apply for registration on your own without the assistance of a lawyer. But if you follow these steps one at a time, you’ll manage just fine. Lukas is part of the content writing team at GraphicSprings, bringing his marketing expertise to the forefront. With a degree in Marketing, he crafts informative articles on social media, branding, and logo design. You may register logos with the Secretary of State in the state where your company is based.
If you’re missing any basic filing requirements, the agency will notify you. If there are any minor issues with your application, you might receive a call or email. But if there is a more involved concern, you’ll probably receive a letter called an Office Action that outlines the reasons your application was denied.
A copyright protects literary and artistic materials, such as film, writing, audio, books, videos, and computer programming, and is automatically protected upon creation. It cannot be just an idea, but rather a tangible object that people can see. Note that the USPTO application process is lengthy and complicated. This is what happened when a startup online bank called Current found out that Calibra, Facebook’s cryptocurrency service, was using a logo that was very (I mean very) similar to theirs.
