For example, the NFL Baltimore Ravens were able to get copyright protection for the image of a raven, which was found to be sufficiently creative. [3] X Research source You also can’t copy someone else’s logo, so research whether the logo has already been used as a trademark on goods in commerce or registered. Search the U. S. Copyright Office website. [4] X Research source Include “logo” as a search term. You may also search state, federal, international and private databases for trademarks having specific characteristics that might match your proposed logo. The vast majority of copyright owners do not actually register their ownership.
Copyright notice on works published in the USA has been completely optional since 1989.
If you haven’t used the logo yet, be sure to write “Unpublished Work” before the copyright symbol.
A complete copyright notice will read like the following: “Copyright 2017 Jill Anderson. ” If the logo was unpublished, then the notice will read: “Unpublished Work Copyright 2017 Jill Anderson. ”
This requirement applies to U. S. copyrights. Copyright on foreign works may be enforceable in the US courts, not to mention in other countries, without having to be registered in the USA, according to multi-lateral treaties. Even if you do not register your copyright, you may have other enforceable rights, such as trademark priority, and you may use a DMCA takedown request to stop others who are using your copyrighted works online (in the USA).
You’ll need to create a user ID and password before you can register online. You must submit copies of your logo artwork to the Copyright Office as part of your application. Generally, you can do this online, though you may have to mail copies to the office instead, using cross references to your online filing.
Complete instructions are provided with the form. If you have a question, call 202-707-3000 or toll-free at 1-877-476-0778. [10] X Trustworthy Source United States Copyright Office Part of the Library of Congress, responsible for maintaining copyright records Go to source
The fee schedule changes regularly, so check the Copyright website to find out the current fee. [12] X Trustworthy Source United States Copyright Office Part of the Library of Congress, responsible for maintaining copyright records Go to source Make your check or money order payable to Register of Copyrights. All payments must be in U. S. dollars. You won’t be notified when your mailed paper application has been received. Send it certified mail, return receipt requested if you want written notification. In contrast, once the online application has been submitted, the Office automatically issues an email confirming that the application has been received. Your “effective date of registration” is the date upon which the Copyright Office receives a completed application, the necessary fees and the required deposit copies. You will be notified if the copyright examiners find problems with your application and you will generally be allowed a limited time in which to reply to such notices.
If you filed electronically, you may also use your application number to check its status periodically, using the electronic copyright office portal.
A trademark is a phrase, word, symbol, design or combination that identifies the source of goods or services, and distinctive logos may qualify. [14] X Research source Trademark protection isn’t as broad as copyright protection. For example, trademark rights won’t prevent other people from using something similar to your logo if they are selling different goods or services. [15] X Trustworthy Source United States Patent and Trademark Office U. S. government agency responsible for registering and protecting patents and trademarks Go to source It helps to consult with a trademark attorney if you’re thinking about getting a trademark for your logo.
Consult the online Design Code Search Manual for which codes to search for specific design elements (e. g. , stars, loops, animals). As a shortcut, you could use the “free form search” to find similar logos (and display the designs) and then copy the relevant element codes to search for additional related designs. You may also want to search state trademark registrations as well as various privately operated databases for non-registered trademarks related to your field of use. You or your trademark attorney may also hire a professional search firm to produce a clearance search report. As a general rule, legal “similarity” of brands is judged according to the appearance, sound and meaning of both brands, when taken in their entirety. However, similarity of the brands themselves is only one of many factors of “likelihood of confusion”. For example, a design of a ship’s anchor and the word “anchor” may be deemed “identical” elements of trademarks being compared, but may be overcome by other dominant elements that are clearly distinguishable. On the other hand, generic elements may have little effect upon comparative distinctiveness. Even identical brands might be allowed in use or registration if they are used to mark different and unrelated goods or services. In that situation, the similar marks won’t create confusion in the mind of the consumers. For example, “Delta” is used by both Delta Airlines and Delta Faucets. By itself, such a common brand, in use by many others, is considered weak. Pay particular attention to any registrations (or pending applications) you find in the same classification of any of your goods or services. You should be extremely careful to “clear” your logo to the best of your ability before filing a federal trademark application. Anyone finding your application online can immediately sue you, if they feel your brand is confusingly similar to theirs and that your use may damage their rights, even if theirs is not already registered.
Under US trademark laws, you aren’t required to register your trademark. Instead, you can gain substantial trademark rights by using the logo in connection with the packaging and marketing of goods or services. [19] X Research source However, there are many advantages to registration. It provides the public with notice that you claim ownership of the trademark, and you may need to register in the USPTO before you can sue in federal court. [20] X Trustworthy Source American Bar Association Leading professional organization of lawyers and law students Go to source Federal registration gives you a presumption of nationwide priority over others who might start using similar brands after your official filing date. State registration gives you priority over confusingly similar brands later used within that jurisdiction, if not beyond. At the very least a state or federal trademark registration will more quickly turn up when others are searching for similar brands, in the process of verifying clearance for their own newly proposed logos. As a fringe benefit, the USPTO examiners may automatically reject applications filed later by others if their logo is deemed “confusingly similar” to yours, provided you maintain your federal registration in good standing. A federal registration opens the door to simplify filings for further international registrations, if that is something you may need in the future, using the Madrid Protocol. Trademark registration fees are generally tied to how you file and how many classifications of goods or services are described in your application. The current list of filing fees is available online at the USPTO. [21] X Trustworthy Source United States Patent and Trademark Office U. S. government agency responsible for registering and protecting patents and trademarks Go to source State trademark registration fees are generally much less than the USPTO fees and processing is usually much simpler and faster than federal registration.
Use your logo consistently in connection with the marketing of your goods or services. If you don’t, you can lose your trademark rights. Do not use ® on goods or services that fall outside the scope of the description included in your federal registration. Do not submit an application specimen showing you are illegally using ® on your logo prior to registration.
Because of the high volume of applications, it might take a year or more to receive approval, even if no opposition is filed. [23] X Research source Whether registered in a state or in the USPTO, your registration will require filing periodic maintenance fees to keep the registration active. In the USPTO the first maintenance fees (and declarations of continued use) are due five years after your registration is granted. Renewal fees occur every ten years in the USPTO, but may be annual or every five or ten years in the various states. Even if you let your registration lapse, you may retain your other non-registered rights for as long as you continue to use your logo and protect it from misuse by others. If your product line expands, you should consider filing for additional registrations to cover those goods or services, if you want the benefits of registration. The filing fees are generally the same whether you file separately for each class of goods or file for registration of all classes in one application.
