Question: Can My Logo Be Similar To Another?

How do you check if a logo has been trademarked?

After conducting a general search for your mark, visit the United States Patent and Trademark Office (USPTO) website, www.uspto.gov.

This is a reliable and well maintained government website that will allow you to perform limitless searches for the name you want to trademark..

1. Copyright Infringement Lawsuit. … Once your work or design has been registered with the Copyright Office, consider filing an infringement suit against your infringer. If successful, you can recover money damages in the amount of the monetary damages to your business and brand as well as your infringer’s profits.

Can you have the same logo as another company?

Yes, both companies can USE the same trademark to brand the two companies but only ONE company can own that trademark. One must license the mark to the other.

When you design a logo, you want to protect your logo from someone else using it. Logo owners can seek copyright protection for their design, which prohibits another company or an individual from reproducing part or all of your logo without your permission. … Both a copyright and a trademark can cover a logo.

Which One Should I Trademark? It depends. Higher value tends to lie in name recognition rather than familiarity of a logo. Since logos change more often than names, it usually makes more sense to register a standard character mark to protect the business moniker itself.

How to Protect Your Brand and What to Do If Someone Steals itProtect your unique brand name / logo. If you have a unique brand name or logo, protect it. … Make a paper trail. … Watch for trademark violations. … Keep your domain. … Trademark your new name BEFORE releasing it. … Register your new domain. … Announce the change.

It is often seen people copying logos and designs online or from other brands, however, when you copy a logo, you are plagiarizing someone else’s work. You will be penalized for plagiarism. It could become a legal offence if the other person uses it against you since you violated the copyrighted logo.

Can logos be similar?

1. Ask yourself: are the logos in the same industry? The rule of thumb is, similar logos are more acceptable the more distinct the industries are. Say you find a logo that is eerily similar to yours, but you’re in healthcare but theirs is in the entertainment industry.

How do I know if a logo already exists?

The Four Steps To Peace: Finding Out If My Logo Is Already TakenStep #1: Search Your Industry For Similar Logos. … Step #2: Do a Reverse Image Search of Your New Logo on Google. … Step #3: Search The US Patent Office For Similar Logos. … Step #4: Consult an Attorney To See If Your Logo Is Already Taken.

Here are the most important steps to designing a logo: —Understand why you need a logo.Define your brand identity.Find inspiration for your design.Check out the competition.Choose your design style.Find the right type of logo.Pay attention to color.Pick the right typography.More items…

How do I make sure no one can steal my business name?

To be sure no one improperly uses your business’s name or branding, you need to obtain a trademark. To do so, you’ll need to file an application with the United States Patent and Trademark Office (USPTO). Filing an application does not automatically mean your trademark will be approved.

Basics of Trademark Infringement Trademark infringement is the unauthorized use of another person or company’s registered trademark. … In such a situation, Apple could sue for trademark infringement. Not only could it win a court order requiring that you stop infringing, but it could also win money damages.

Let’s Take A Look At The Unique Logo To Avoid Copyright IssuesThe Importance Of Unique Logo Design.Copyrights Matter.Avoid Stock Images.Use Your Own Logo Concept.Use The Colors Strategically.Use Legal Typefaces Only.Hire A Professional Designer.

Can I use a business name that already exists?

A trademarked name is protected on a national basis. If a company name already exists as a trademark, you can’t use it even if the company doesn’t operate in your state. To see if a specific company name exists and is trademarked, search for the name using the USPTO website’s electronic search system.

Can I put my logo on a Nike shirt?

No, you may not lawfully affix your company logo to a tee shirt that’s already branded by Nike or another sports clothing company and then sell that shirt. That’s trademark infringement. … Affix your company logo to them and then offer them for sale.

Can you change a logo without permission?

A person or company should never use a trademark or logo without written permission from its owner. To get permission, write a letter to the trademark owner. … Trying to replace a company’s logo with your own goes against the company’s written policy and is never allowed without a written agreement.

Can you paint a logo and sell it?

It is likely that if you create a painting or illustration or other type of artwork using a company’s logo as part of the imagery and you sell the artwork, the company could sue you for commercial use of their registered trademark without their permission. … Selling anything using a registered trademark is infringement.

Is it illegal to put a logo on a shirt?

Trademarks or copyright can protect logos, and both forms of intellectual property protection restrict how others may use the logo. … Selling shirts with copyrighted images isn’t impossible, but you should never use someone else’s logos on your T-shirts or other clothing without their explicit permission.

You can get a trademark, service mark, and maybe even a design patent on some manifestations of a logo, but not copyright. If you haven’t trademarked a logo then you cannot prevent someone else from using it. … If you haven’t trademarked a logo then you cannot prevent someone else from using it.