Intellectual Property Forum The Intellectual Property Forum

Please login or register.

Login with username, password and session length
Advanced search  

News:

New registrations are now permitted.

Author Topic: Image/Logo Trademark  (Read 1472 times)

bazald

  • Newbie
  • *
  • Posts: 2
    • View Profile
Image/Logo Trademark
« on: 10-17-04 at 10:42 pm »

Can an image/logo be trademarked?
If so, does one have to follow a different course of action to trademark the logo?
And can the image/logo be trademarked concurrently with a name ($335 for both)?
Lastly, how would one go about doing a search for similar images/logos?
Logged

JimIvey

  • Forum Moderator
  • Lead Member
  • *****
  • Posts: 5929
    • View Profile
    • IveyLaw -- Turning Caffeine into Patents(sm)
Re: Image/Logo Trademark
« Reply #1 on: 10-18-04 at 09:55 am »

Quote
Can an image/logo be trademarked?

Yes.

Quote
If so, does one have to follow a different course of action to trademark the logo?

All trademark applications require a "drawing."  For words only, the drawing is a "typed drawing."  So, the answer is mostly "No."

Quote
And can the image/logo be trademarked concurrently with a name ($335 for both)?

Yes.  I haven't taken the time to check the fees though.  The combination of words and design is considered a single mark to be registered.

Quote
Lastly, how would one go about doing a search for similar images/logos?

If you search at the USPTO (www.uspto.gov), the designs simply appear in the results web pages for individual marks.  If I were to search for design-only marks, I would try to search by class and/or descriptions of goods and services and then look at all the images that came up.  As you can see, searching word/design combo marks would be much easier because you can search at least the word component of the marks.

Here's a guide to searching Mark Drawing Codes:

http://tess2.uspto.gov/bin/gate.exe?f=help&state=qvnndn.3.1#Mark_Drawing_Code


Regards.
Logged
--
James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
Friends don't let friends file provisional patent applications.

JSonnabend

  • Forum Moderator
  • Lead Member
  • *****
  • Posts: 3703
    • View Profile
    • Email
Re: Image/Logo Trademark
« Reply #2 on: 10-18-04 at 05:59 pm »

Quote
The combination of words and design is considered a single mark to be registered.

I think Jim is right, essentially, but the words and design may be registered together, they don't have to be.  That is, they're not necessarily considered a single mark, but may be.

Neither a composite registration (in the case of a logo plus words) nor a registration of stylized text offers as complete protection as a combination of registrations (i.e., registrations for each element plus a composite registration).  Practically speaking, one receives significant protection with only a registration on a composite mark, but not the best possible protection.

My advice is generally as follows.  Where finances permit, one should opt for the combination of registrations.  Where finances don't permit multiple registrations, one should opt for the composite registration.

I'm happy to expand on this if anyone is interested.
Logged
SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
 



Footer

www.intelproplaw.com

Terms of Use
Feel free to contact us:
Sorry, spam is killing us.

iKnight Technologies Inc.

www.intelproplaw.com

Page created in 0.115 seconds with 21 queries.