What is a trademark? When you need one and when you don't.
Question: Does a logo need to be trademarked?
Answer: No (and sort of yes lol) Logos do not need to be trademarked. Simply by using your logo in commerce, you automatically acquire common law trademark rights in the geographic areas where you use it. However, trademark registration provides significant advantages that are often worth it!
When Registration Makes Sense
When You Might Skip Registration
Let's Deep Dive Further!
---> Question: Do you need to do two separate trademarks for a logo that includes the wording (for an acronym) you want protected and the acronym design IF both are included on the logo?
We have the letters of the acronym with a design on it and then the spelling out of the acronym underneath. Wondering if both need to be filled separately?
---> Answer (My Actual Response To A FB Post): Branding expert here so I nerd out on this stuff. I realized after your post that I ought to blog about it so I began writing up a formal answer to a great question.
Id say it’s likely you can protect both elements with a single trademark application if they appear together as one integrated logo design.
Single Application Approach
If your logo consistently presents the acronym design and spelled-out words together as a unified mark, you can file one application for the composite mark. So I think you’re good.
Because this would protect:
• The acronym letters with their design elements
• The spelled-out words underneath
• The overall visual arrangement and presentation
Using your HP/Hewlett-Packard example: if HP always appeared with “Hewlett-Packard” underneath in their standard logo presentation, that entire composite mark could be protected with one application.
You might still need separate applications (since I’m not positive of your usage). Here’s when you’d need that:
• You use the acronym design independently from the spelled-out words
• You use the spelled-out words independently from the acronym design
• You want maximum flexibility to enforce rights against uses of either element alone
• The elements are visually distinct rather than integrated
Strategic Considerations
(Provides a broader protection but costs more.)
Hope that helps. If not, ask an attorney to review how you actually use the mark in commerce. If the acronym and spelled-out words typically appear together as shown in your logo, start with the composite mark application.
The good news is, you can always file additional applications later for individual elements if your usage patterns or business needs change.
My dad and uncle are attorneys but I’m not, just a super nerd in branding 😆
Comment below if you ARE a trademark attorney or have more questions and thoughts on the topic!
Victoria Wynn is an experience design consultant specializing in helping businesses discover and express their authentic brand voice through strategic branding, graphics, and marketing. Connect with Victoria to transform your potential energy into measurable business results.
0 comments