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

 

 

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.

Need some advice on this?

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

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,...

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...

Differences between IRDA and national trade marks

Are there any substantive differences in trade marks practice and law between trade marks protected in Australia as international marks and national marks?   INTRODUCTION International trade marks and brands that exist and trade in nations across the globe are...

Benefits of a trademark in the United States

Trade marks are registered on a country-by-country basis.  This means that you need to apply for trade mark protection in each country you seek to protect your trade mark.  This takes money and effort.  For this reason, it is usually better to focus on only those...

Benefits of filing your US and Australian trademarks together

Clients often instruct us to file their trademark in the United States, and because the fees are relatively low and a US trademark provides coverage over a huge market, the benefit of doing so is clear. The process we usually advise is to file for the Australian...