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USLF Multistate Patent and Trademark Law Handbook - Guide

Trademark Laws For Logos In Chicago

Q: Do logos need to be trademarked?

By simply having a logo, you have what&#039;s known as a common law trademark for your logo. That means that, without doing anything paperwork-wise, you have the sole legal right to use and amend that logo as you see fit. But without an officially registered trademark, that right isn&#039;t as secure as it could be.

Category:

Copyrights Patents and Trademarks - Guides and Handbooks

State:

Multi-State

City:

Chicago

Control #:

US-003HB

Format:

Instant download

Description

The document provides a comprehensive overview of trademark laws for logos in Chicago, detailing federal regulations from the U.S. Patent and Trademark Office (USPTO). It emphasizes that trademarks, including logos, serve to distinguish goods and services, allowing businesses to protect their brand identity. To secure a trademark, applicants must submit a properly filled application that includes a drawing of the mark, a description of goods or services, and a declaration of current use or intent to use. Important details such as filing fees, application processes, and maintenance of registration are discussed, highlighting the need for ongoing use in commerce to maintain trademark rights. This handbook is especially useful for attorneys, partners, owners, associates, paralegals, and legal assistants by providing them with the necessary frameworks to help clients navigate the trademark application process. It clarifies that while federal registration is not mandatory, it significantly strengthens the owner's legal standing against potential infringements. Understanding these laws will empower legal professionals to assist clients more effectively in securing and defending their trademarks.

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FAQ

General Rules of Proper Trademark Use Trademarks should be used as adjectives – not as nouns or verbs. ingly, a trademark should not be used alone. Rather, a trademark term should always be used with, and immediately precede, the generic noun that describes the product or component in question.

Trademark/Servicemark Publications/Forms Form NumberForm NameFee TM/SM 15 Trademark or Servicemark Application $10 TM/SM 30 Trademark or Servicemark Renewal Application $5 TM/SM 35a Trademark or Servicemark Assignment Application $5 TM/SM 35b Trademark or Servicemark Application for Change of Name and/or Address of Registrant $51 more row

The trademark office will then evaluate your application to see if it qualifies for trademark protection. Best of all, they will not consider the other business who is using the same name if they haven't filed for trademark protection. This means you can get a trademark even if someone else is using your business name.

By simply having a logo, you have what's known as a common law trademark for your logo. That means that, without doing anything paperwork-wise, you have the sole legal right to use and amend that logo as you see fit. But without an officially registered trademark, that right isn't as secure as it could be.

To register a trademark with the U.S. Patent and Trademark Office (USPTO), you will need to fill out and submit a trademark application. You can do this online, through the USPTO Trademark Center, an online trademark filing service, an attorney, or by submitting a paper application.

A logo or trademark is any photograph, word, or symbol used to identify a brand, service, or product. You need permission to use a logo unless it is for editorial or information purposes, such as when a logo is used in a written article or being used as part of a comparative product statement.