Archives

Categories

AUSTIN WEST

A LOGO WITHOUT YOUR NAME … Can Be A Big Branding Pain! Part Two

October 24, 2017

A LOGO WITHOUT YOUR NAME … Can Be A Big Branding Pain! Part Two

5. Trademark infringement can be more of a problem — from both sides of the fence. It can be very difficult for your designer to design a logo that won’t look like any other trademarked logo out there, regardless how hard they try.

First of all, it’s hard for a designer to comprehensively research all of the other trademarked logos just to see what you’re up against. However, the Trademark Office has more thorough tools and methods of researching the other existing logos out there and they might find one that you overlooked.

Secondly, logos and trademarks can be a bit subjective. Just because you and your designer think that the design that you’ve created doesn’t infringe on other logos, the Trademark Office might reject your application based on their interpretation of “similarity”.

Thirdly, you’re not just worrying about what the Trademark Office thinks. Any other business with an existing trademark could also challenge your application. They can even ask you to cease-and-desist using your logo after it has been trademarked if they held their trademark to a similar logo first. While surrendering might not seem like such a bad thing, remember that you’d also have to destroy any existing printed collateral, forfeit your trademark (and the trademarking process isn’t cheap!) and redesign all of your materials. You’ll also lose the equity and memorability that you will have built up in your logo if you do have to redesign.

Comments are closed.