Do I need a Trademark?

Business

Jul 7

Should I trademark my logo?

First of all, if you’ve recently taken the plunge and started your own business, congratulations! Business ownership is hard and sometimes lonely - you may often find yourself wondering what the heck you got yourself into in the first place! The first few years are always the hardest for any entrepreneur, but now that you've got all of your ducks in a row, there's one more vital decision to make before you start marketing your company: should you spend the money to trademark your logo?

It's unlikely that you need to trademark your logo.

Trademarks are only necessary when you're trying to protect yourself against competitors who are creating products or services that might confuse customers into thinking they are your own. Your logo should be an identifying mark that shows where your business can be found, but it won't necessarily come under attack from any other businesses using similar logos or design elements that may make people think they’re yours.

In most cases, a trademark is unnecessary unless there's some sort of marketing strategy at play—like a product line or service offering that needs to be protected from competitors. If you were creating a clothing line and wanted to start selling shirts with your company logo on them (which would likely depict your logo), then yes: trademarking would definitely be worth doing for protection purposes!

You can protect your logo with copyright instead.

If your logo is likely to be confused with another company's mark, it may be worth pursuing trademark protection. It is best to consult with a trademark lawyer to see if your logo is even eligible for trademark protection.

There are other options available to protect your logos and other creative works if the trademark process doesn't seem like a fit for you. Copyright law protects the expression of ideas; this means that copyright protects the way an idea is expressed (e.g., through art), but does not protect the idea itself. This means that copyright won't prevent someone from copying your artwork or photos—but it will stop them from using those works in association with their own products or services without permission!

Do you have potential competitors in mind?

If you are worried about a potential competitor stealing your logo, it is worth taking a look into trademark protection. However, if you're not worried about competitors stealing your logo, then there's no need for you to worry about trademarking it. Trademarking is a long and expensive process and if you're not going to be using the mark outside of one region or country (regional trademarks can be registered), then there's really no point in spending that much money on something that won't get any use beyond where it was originally designed.

If your goal is simply to stop your competitors from using a similar logo, there are easier and cheaper methods for protecting your logo.

Copyrights are appropriate in cases where the artwork itself is copyrightable, such as designs that aren't too closely tied to the nature of what they represent.

Trademarking is more appropriate for logos that are functional (like a stylized "B" for "Burger King") or logos that may be likely to be confused with another company's trademark (such as Apple's apple symbol).

Keep in mind that you can protect your logo without going through the trademark process - with copyright you can stop competitors from copying or reproducing your work, without needing a unique logo or embarking on the long trademark journey.

This post contains affiliate links, which means if you purchase an item with my code, I get a small kick-back as well. But be assured, I am only sharing these products because I use them every day and love them just as well!

I’m Brenna - and I can’t wait to chat with you about all things business and rural life. Thanks for reading!

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