Trademark Laws For Logos In Texas
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You will need to register it as a trademark with the United States Patent and Trademark Office. The name that you select for your company must be distinctive to receive trademark protection. Common words or phrases that are not inherently distinctive are not offered trademark protection.
A brand can create its logo without using something entirely new by incorporating existing elements in a unique and creative way. However, registering a trademark can provide legal protection and exclusive rights to the logo, which can be valuable in branding and marketing strategies.
5 Ways to Protect Your Brand Name Register your Domain Name. Domain names are important in building your business brand protection. Trademark your Business Name and Logo. Use your Brand. Monitor your Brand. Deal with Infringement Immediately.
But the main difference between copyright and trademark is that copyright protects original expressions in works whereas trademark protects the business reputation and goodwill associated with the word, phrase, symbol, and/or design.
The only way to avoid copyright infringement is to create original work or by getting permission to use it. Ultimately the only way to know that you have changed enough of the copyrighted image is to get sued. Once in court, the judge will decide if there was enough change between the original work and yours.
Many businesses have a logo that they use to promote their goods or services. Often this is in addition to their name, which might just be plain words. Ideally, if you have a logo, which is more than just a stylised version of your words, then it would be preferable to register both the plain word mark, and the logo.
The statute of limitations for trademark infringement in Texas is four years.
How to make sure you have a strong logo design for your trademark. Use a unique image or graphic design rather than something generic. Keep it clean and clear with a good use of color and empty space. Use easy-to-read typography. Make sure your design represents your brand identity and appeals to your target audience.
Often, superscript is used so that it is in the upper-right side corner. 5. If your trademark is a logo or design, put TM or ® on the right side of your wordmark (names, terms, phrases) and in subscript so that it is in the lower-right corner. Alternatively, you can put the trademark symbol in the logo.
For example: The half-eaten apple with a leaf is Apple company's logo, registered as the company trademark. But not all companies have logos as their trademarks. The word 'LOREAL' is a trademark of the Loreal company used for its products without any design or symbol.
