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.

Protect Your Logo as a Trademark

Many trademarks have a descriptive element to them, most commonly being the words of the trademark itself. However, during the examination by the government your trademark will be examined as to whether it is too descriptive in relation to your goods or services, and...

Trade mark an invention or product

A trade mark can be a strong mechanism of protection for an invention or a product. This can be especially useful in cases where patent protection is not possible or otherwise difficult. A product can be branded with a name or logo. Even the shape of a product can be...

New Code for trade mark attorneys

The Professional Standards Board for Patent and Trade Marks Attorneys (the PSB), which is the government body charged with regulating our profession, has recently undertaken a major review of its Code of Conduct for attorneys.  The new Code, which is to come into...

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...

Can I Trademark My Instagram or Facebook Account?

Is it possible to trademark an Instagram or Facebook account? The short answer is, yes, you can. Like any other name or logo, Instagram and Facebook accounts accrue good will and reputation that businesses wish to protect. And they can be legally protected by a...