![]() Protection is limited to the classes of goods and services selected at the time of filing: this is the principle of speciality.A trademark is subject to an obligation of use, i.e., if the logo is not effectively used for 5 years, then any third party can request its revocation.Protection is not automatic a filing is required which involves the payment of fees and an examination by the INPI.The conditions for filing a trademark, notably distinctiveness and availability, can be difficult to meet.The trademark lasts as long as it is used and renewed. ![]() Trademark law protects against identical or similar copying by another trademark, via the possibility of opposing a trademark application or via an infringement action.It is easy to prove trademark rights through registration.There is no need to prove that a logo is original.There are some advantages to protecting your logo under trademark law: ![]() The protection is valid for 10 years and can be renewed indefinitely. It must meet the conditions of distinctiveness, availability, and lawfulness. To be protected as a trademark, the logo must be registered with the French National Institute of Intellectual Property (INPI). Trademark law grants a monopoly of use on the trademark for the goods and services designated by the applicant. It is known as a “figurative” or “semi-figurative” mark (i.e., a mixture of figurative and verbal elements). A logo may be protected by trademark law since it can be used to identify the origin of a company’s products and services. ![]() What means of protection are available to creators? Trademark law and copyright law, two branches of intellectual property law, should be considered.Ī trademark is a sign that distinguishes the products and services of a company from those of competitors. If well used, it can have a great economic value. It is at the centre of the marketing strategies and is found in most companies’ communication elements, as well as on their products. This contract should be created or reviewed by an intellectual property lawyer to ensure that it’s in compliance with the law and that it’s effective in transferring the IP rights.A logo often represents the company’s image. If someone else created your logo – meaning, it wasn’t created directly by you or an employee of your company – it’s important that there’s a signed contract with the designer granting your company full rights in the image. However, it’s important to be sure that your company actually owns the logo both under copyright and trademark law. This means you have two potential claims against the infringer. So if someone knocks off your logo, they may be committing both trademark and copyright infringement. A logo, just like any other kind of visual image, is protected under copyright law at the moment of creation, pursuant to the U.S. Logos also differ from Word Marks in that they also implicate copyright law. Meaning, if someone else is already using the same or a similar logo, it can’t function as your trademark, and you can’t register it with the USPTO. The proposed logo trademark must satisfy the USPTO’s requirements and it must be unique in connection with the listed goods and services. Note that the same rules apply to all trademarks, including logos. In the U.S., trademarks are registered with the United States Patent and Trademark Office (“USPTO”). ![]() Logos that are just a brand name in a particular font and color may not be as visually distinct, and therefore may not be as important to protect, as long as the brand name itself is registered. This is particularly true when it comes to visually distinct logos. In either case, if your logo is an important brand identifier – meaning, if the logo is strongly identified with your company, products, or services, then it’s worth protecting by registering it as a trademark. ![]()
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