How is a Logo Protected by Trademark Law

Introduction

A logo is a symbol or design that identifies the brand of a product or service. Logos are commonly registered for trademark protection to ensure that their owners can sue for infringement if unlicensed use occurs. However, logo registration is not required in order for the owner of a mark to sue for trademark infringement. In some cases, logos may be protected through common law trademark rights without being formally registered with the U.S. Patent and Trademark Office (USPTO).

A logo can Qualify for Trademark Protection If it is Distinctive

In order to qualify for trademark protection, a logo must be distinctive. What does this mean? In the context of trademarks, distinctive means that the mark is not confusingly similar to other marks. A mark will be considered non-distinctive if it could be used by other parties in a way that would lead consumers to think they were buying from one source when instead they were buying from another source. For example, if you are selling your own version of Coca-Cola at a soda stand and use “Coca” in your name or as part of your logo design/shape/color scheme because that’s all you have available at the moment, then someone else who also sells Coca-Cola could come along and sue you for trademark infringement because it might confuse customers into thinking their product was yours when really it was theirs (and vice versa). In order for something like this confusion not happen with respect to trademarks such as logos (or slogans), those marks must be unique so no one else can use them without running afoul of intellectual property laws protecting such things from unauthorized use by others.’

A Logo May be Protected Through Common Law Trademark Rights

If you have used the trademark in commerce, it will not be lost. But if your trademark is not registered with the USPTO or an equivalent registration office in another country, then common law rights can be lost if you do not use them. There are two ways that your common law rights could be lost:

(1) nonuse and

(2) abandonment.

Nonuse occurs when there has been no bona fide use of a mark for three consecutive years anywhere in the world on any goods or services provided by the owner of that mark. If you stop using a trademarked logo for more than three years and then start using it again at some point in time after it’s gone dormant, then this would count as nonuse and could result in losing those rights to others who might start using them while they were dormant.

Abandonment occurs when someone stops using their trademark because they believe there is no value left from having a registered mark over one without one—but later changes their mind about wanting protection again once they realize how important it actually was for them to have taken steps toward getting legal protection at all times during business activity; whether online or off-line.”

Registration of a Logo can Provide Additional Protections

If a company uses a logo in their advertising or marketing that looks similar to another company’s logo, they could be infringing upon their rights. They can also sue for trademark dilution if someone else uses an identical or confusingly similar version of their trademark on products or services that are completely unrelated to those provided by the trademark owner. For example, if we were to start selling pencils with our own “Pencils R Us” mark on it, this would be considered dilution because there are no similarities between our pencils and those sold by Pencils R Us except that both use the same word in their respective names (and even without any reference to trademarks at all).

Another way that people infringe on trademarks is through false advertising; this occurs when one party falsely advertises itself as being associated with another party’s goods/services when no such association exists. Advertising itself does not need to be misleading—it just needs some connection between what’s being advertised and what type of goods/services make up your company’s offerings so consumers aren’t misled into thinking they’re buying something different than what they actually paid for (even if consumers aren’t misled by this misrepresentation).

False advertising can occur over any medium: print media like magazines or newspapers; radio station advertisements; television commercials; social media platforms such as Facebook Ads which allow advertisers access directly into people’s news feeds where they may see ads sponsored directly from businesses themselves rather than traditional content posted by users themselves (i.e., blog posts written out independently). There are even cases where companies have bought ad space on websites owned by other companies who do not produce anything but serve only as hosts/publishers instead

Conclusion

A logo is one of the most important aspects of a brand’s identity. It can be used in a variety of different ways, from being printed on products and packaging to being displayed prominently in advertisements and even on websites. Not only does this allow companies to make their mark on consumers’ memories, but it also helps them stand out from competitors with similar offerings. To ensure that their trademarks are protected, companies should register them as soon as possible by consulting with an experienced trademark attorney who understands how trademark law works and what steps need to be taken before filing documents with the US Patent & Trademark Office (USPTO).