Trademarking a Logo

Can I Trademark My Logo?

Key points: 

  • A logo can be protected by trademark registration
  • The process is the same as with a word trademark
  • A registered logo containing words provides some protection for the words within it
  • A logo trademark can help you avoid a descriptiveness objection (class 41)

 

 

The short answer to the question “can trademark my logo?” is “Yes, you can”.

Logo Registration Process

The process for registering your logo as a trademark is exactly the same as trademarking your name. Specifically, the trademark application is drafted and submitted to the government who then check it for the same prerequisites as for an application for a word trademark. The two main prerequisites are 1) assessing whether the trademark is too descriptive (if at all) of the goods and services it applies to, and 2) whether the trademark is too similar to any trademarks already on the official trademark registry.

 

The protection it gives you

Once registered, a logo trademark will protect the logo representation as a whole. If the logo happens to contain words that are very prominent, then those words will likely find some good secondary protection, though not as much as they would for a plain words trademark. The extent of this secondary protection is entirely case-by-case and is difficult to assess – we can provide you advice on your particular logo.  Also, if the words of your trademark are somewhat descriptive and are difficult to protect with a trademark, a logo trademark can help you avoid a descriptiveness objection (class 41).

Need some advice on this?

If you need some more advice in your particular case, we offer a free initial consultation.

Why Was My Trademark Rejected?

What Causes A Trademark To Be Rejected? A registered trademark will give you a legal monopoly over the word or logo that you have registered.  This is a powerful right, and the government will not grant it without first examining it on several grounds.   Let’s first...

What Happens If I Don’t Get a Trademark?

Do I Need a Registered Trademark? Having an officially registered trademark for your business is not actually a legal requirement.  As long as you are otherwise obeying the legal obligations of running your business, such as having the correct licences, paying taxes...

When Do I Need to Trademark?

As a new business manager, you might ask yourself whether it is necessary to register your trademark immediately or if it is something that can wait until you are more established in the marketplace. You might wonder why, if you have already taken the steps to...

Trademark attorneys and trademark lawyers in Australia

I often get asked about the difference in Australia between a trade mark attorney and a trade mark lawyer.  In Australia, a trade mark attorney is a separate profession to that of a lawyer or a ‘trade mark lawyer’. While both professions are legal entitled to work in...

Can I patent or trademark my business method?

Under Australian patent law, there is no statutory position on whether a business method ispatentable subject matter, and so it is legal precedent that provides guidance. The watershed NRDC (1) case opened the door to what can be considered patentable subject matter...