What Are The Differences Trademark And A Logo? | Ombir Sharma

Ombir Sharma
5 min readMay 10, 2022

A logo is usually a logo or graphic image that describes a business. It helps companies differentiate themselves and create a unique identity in the market. For example, the Apple logo is popular all over the world, and we can recognize any Apple product or gadget.

As a result, logos play an important role in marketing as well as business graphics representation. Designhiil is a good logo designer that helps you to create a logo on your own that can create a positive impression in the minds of online consumers, so they can easily recognize your products and services.

Colours

Text

Symbols

Fonts and Images

Fictional Characters

The general idea is that the logo is a trademark. However, in the case of a trademark against a logo, you should know that the trademark acts as protection for your business logo.

In other words, registering a trademark gives you the legal right to use your logo exclusively. Let’s say you have a logo designed, but your competitors take advantage of it and damage your business reputation.

Therefore, you need to register the trademark to prevent this from happening. A trademark registered in India will protect the reputation of your business as no one else will be able to use it without your permission. But if they do, you can file a lawsuit and protect your business.

In addition, the company logo is one of the most widely used brand symbols. Companies use their logos for marketing and advertising materials as well as for selling products, cars, clothing, uniforms, and other items.

Therefore, if your logo is not protected by a trademark, it is at risk. Anyone in the same industry can use the same thing without any problems or consequences.

A trademark is any logo, phrase, word, company name, slogan, or design that identifies the company and/or its business. A logo is a logo or design used by a company that may be subject to trademark protection laws. Many companies demand trademark protection for their logos. After approval, the trademark no longer uses the exact or equal mark.

To be legally protected, the trademark must be unique. Before applying, the designer or business owner should thoroughly search the existing trademark registration database. If you can’t find what you are looking for, just ask. But it is best to find out before submitting a rejected application and wasting time and money.

It is certainly worth having a creative and original design, but usually, it is very important to mark a particular brand or word in the design. There are various trademark registration categories, some of which are more flexible than others. Trademarks provide strong protection for your words, and other trademark infringements rely on protected words, not design.

The company logo is one of the most common brand symbols. Companies use their logos in marketing and advertising pieces, products for sale, cars, clothing, uniforms, etc. Without brand protection, your logo is at risk. Anyone working in the same field can use the same thing without any restrictions.

The purpose of the logo is to avoid confusing people. When trademark law came into force, legislators wanted to make sure consumers could identify which product or service came from which company. Without proper legal protection, one company can change the logo of another company without any legal risk, leaving consumers confused about which products to buy.

We have several large companies in the United States that have instantly recognizable logos. Show your good “swash” to everyone in the country and they will know immediately what brand it is. This is an example of the need to strengthen the security of trademarked business logos.

A logo is not automatically considered a trademark, but it can acquire trademark rights. Logos can acquire trademark rights in two different ways.

First, your company can file a trademark application for your logo with the United States Patent and Trademark Office (USPTO) for registration of a federal trademark for the logo. Registering a federal trademark is often beneficial to your company because it will provide legal protection for your logo in your area.

A federal trademark registration gives you priority over intellectual property rights over this logo. This means that you can take legal action against any competitor that attempts to use your logo or something similar for your products or services.

Once you own the intellectual property rights to your logo, you can prevent others from using it for their company. If a competitor uses the same or similar logo as yours, you may try to avoid using that logo.

To prevent others from using your logo, it usually begins with an attached letter. If that doesn’t solve the problem, you can take action against them in federal court. You may suffer losses as a result of this contest, and often, other companies may be barred from using this offensive logo.

Even if you choose not to register your logo with the USPTO, you will still have certain general legal rights over your logo when you use it in your business transactions. Common law rights are those which are tolerated by state constitutions.

They give you the intellectual property rights to your logo so that you can use your professional logo for specific products or services in your company’s specific geography.

Brand logo design and trademark registration allow you to maximize online results and protect your business reputation. Moreover, it helps your customers avoid confusion and choose only your product or service. Similarly, registering a trademark prohibits you from using your logo. By using global trademark registration, you can expand your legal rights around the world.

How can I register my company’s logo as a trademark?

To obtain a trademark on your company logo, you must apply to the United States Patent and Trademark Office. Include the design image exactly as you want to use it. You can make as many requests for black & white and color versions as you want.

Do I need to trademark the logo?

You do not need to apply for a trademark on your company logo. But it does increase the legal protection that prevents others from using your exact logo or something similar.

What are the concerns about registered trademarks?

When you trademark your logo, it gives exclusive rights to your company. It may not be legally reproduced, used, copied, or re-used by anyone else.

Is it possible to trademark your logo?

Yes, you can file a trademark application for your logo. The logo must be unique and comply with all trademark registration rules in India.

Who can apply for trademark registration in India?

To register a trademark in India, an individual or a company can apply for trademark registration online. The order should be in a specific form and should also be mentioned while using it. Also, the application should be in English or Hindi and should be submitted to the authorized officer.

Originally published at https://www.klusster.com on May 10, 2022.

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Ombir Sharma

Ombir is a SEO Executive at The Next Hint Inc. He is a SEO and writer has 2 years of experience in these respective fields.