One brand can have 2 logos
You have finally found a great company or product logo and now want to protect it? Read here what options there are to have your logo protected.
Protect logo as a registered trademark
In terms of trademark law, a logo can be protected as a figurative mark or word and figurative mark. With the word / figurative mark, this would be a combination of graphics and text (example). With a purely figurative mark, only one image is protected as a mark. To be protected, a logo has to be distinctive. So your logo should be imaginative and not descriptive. An apple for a fruit trade tends not to be protectable; an apple for a computer trade does. It is advisable to protect a logo as a trademark if you use the logo in business dealings, e.g. on your products or on your company presence. Trademark protection generally exists for 10 years and can be extended as required. This costs a fee, but if the brand works, you can and should invest it in order to continue to protect the logo effectively.
2 examples of protected trademarks:
Captain Blaubär as a word and figurative mark [DE39551924]
“The elephant” as a figurative mark [DE30135654]
Protect logos as a registered design
A registered design or registered design is one way of protecting the appearance of an object. The appearance is determined by contours, lines, colors or decorations, etc. Clearly, however, logos and two-dimensional graphics can also be protected as registered designs. The advantage over the brand is that the design is protected regardless of a product or service. For this you can only hold a design for a maximum of 25 years. After that, you can no longer extend the protection. The protection of a logo as a registered design or registered design and as a trademark is possible in parallel and should, if possible, also be carried out in parallel for the greatest possible protection.
Copyright protection of logos
There is a tendency not to rely on the copyright protection of logos. This is only possible for logos that have a corresponding “height of creation”. This is the case with a painting, but not with standard WEB 2.0 logos. But if you really use such a work as a logo, you should protect it either as a trademark or as a design patent. Or you should at least have a proof of priority issued, with which you can prove in case of doubt that you are the author of the logo.
Have logos protected as a brand and a design at the same time!
It is best to have your logo protected by a registered trademark and registered design. Because then you can ultimately take action against most unauthorized uses of your logo. We are happy to advise you. Now Have your logo protected as a trademark here.
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