I have seen many companies on the USPTO website trademark only their company name and not their logo. Is there any downside to trademarking the logo, and if it changes down the road is it possible to modify/re-submit another application for the same?
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According to the legal advice I received while trademarking my business... If you trademark your logo and business name together in one trademark application then people cannot use that combination of business name and logo together, they can however still use your business name or logo. If you want to have both trademarked properly, you need to trademark your business name and logo separately (paying for each on their own). This is likely the reason why people just trademark their business name, they would have left themselves vulnerable if they trademarked them both together and they didn't want to pay for two trademarks. |
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Susan is incorrect. You can definitely use the TM sign without Registering it. It's the Registered "circled R" sign that I believe she is referring to. |
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I got some advice from a friend that said, just place TM next to your logo's and your fine for now. When you made the business work, then trademark it all. |
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I can't think of any downside to trademarking your logo. I'm guessing the reason why companies only trademark their names and not their logos is because they may not know they can trademark both. But that's just a guess, and I could be way off on that. You can trademark as many names and logos as you want. So if your logo changes in the future you are allowed to trademark the new logo (assuming it's trademarkable). And just because you have something trademarked doesn't mean you have to keep using it forever. It simply prevents others from using it while you have it trademarked. |
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A tight budget might be the reason to register a trademark for a name and not a logo. Some will register their name out of concern for protecting their domain names. Registering a trademark does not prevent others from registering the same trademark provided there is little chance of confusion on the part of consumers. For example, both Acme Software and Acme Car Wash could register "Acme" as a trademark since it is unlikely a consumer would confuse one for the other. If you are registering your trademark you do have to use it... in fact you have to file an affidavit of use every so many years to certify that you are using it. |
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