Many businesses design logos, artwork, letterhead, and other things that differentiate them from other companies. The time, effort, and cost of such designs can be substantial. Like other business assets, trademarks are valuable business assets to be safeguarded from improper use. But if you trademark company logos and other designs, will that give you the protection you need?
Trademarks, One Form of Intellectual Property
The term ‘intellectual property’ refers to “creations of the mind – creative works or ideas embodied in a form that can be shared or can enable others to recreate, emulate, or manufacture them.” Generally, intellectual property takes one of the following forms:
- Patents. A patent grants an inventor the exclusive right to use their invention, which includes processes, machines, designs, and more. Patents can be issued for new inventions or significant improvements to a current design.
- Trademarks. This term is used for both trademarks and service marks. A trademark identifies a product, while a service mark identifies a service.
- Copyrights. This type of intellectual property gives the originator of a creative work the exclusive right to use the work or authorize others to use it.
- Trade secrets. Some companies use certain information to give them an edge over competing companies. That information is usually called trade secrets.
Trademarks may be the most mysterious type of intellectual property to most people. Some of the things that can be trademarked seem a bit unusual.
Things You Can Trademark
The following list is a representation of what can be trademarked:
- Word
- Slogan
- Design
- Sound
- Scent
- Color
- Combination of any of the above
Some trademarks have become iconic and irrevocably linked to a product or service like KFC, Nike, Apple, FedEx, Amazon, Starbucks, to name just a few.
Good Business Reasons to Protect Company Logos and Other Materials
Consumers will associate your trademarks with your products and services. Registering your trademark protects your designs from unapproved use by competitors.
For example, your construction company uses a distinctive color, logo, and mascot on its signs and equipment. Then a rival begins using an extremely similar design on its signs and equipment. Now, people driving by your competitor’s worksite might see the signs and incorrectly associate the project with your well-established company. Instead of calling you for their new project, they call the lesser-known competitor.
If your trademark company logos and materials are registered trademarks, you can talk to a business lawyer about stopping your competitor. In some cases, you might sue for damages.
Registering Your Trademark Company Logos and Other Materials
Trademark protection begins as soon as you start using things to identify your company, like logos, jingles, and slogans. However, your property rights are limited. You also are only covered for your geographic location (Florida, for example).
It’s best to register your logos, designs, and other items representing your company. Keep in mind that your registered trademark has more protection than an unregistered mark.
If you have materials to trademark, you can register with the Florida Division of Corporations. For federal protection, register with the United States Patent and Trademark Office (USPTO) in Washington, D.C. International trademark protection might be available under the Madrid Protocol. You can apply for this through the Trademark Electronic Application System for International Applications.
Call to Discuss Whether to Trademark Company Logos and Other Artwork
Attorney Richard Sierra at the Florida Small Business Center assists clients like you with business and litigation matters. As always, Our Goal Is to Help You Succeed™. For an appointment, you may call us at 1-866-842-5202 or use the contact form on our website. We represent clients throughout the State of Florida, including Coral Springs, Coconut Creek, Boca Raton, Delray Beach, Pompano Beach, Sunrise, Fort Lauderdale, Miami, West Palm Beach, Jupiter, Deerfield Beach, Stuart, Port St. Lucie, Orlando, Naples, Fort Myers, Sarasota, Tampa, and surrounding communities.