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What Is The Best Strategy To Combat Trademark Infringement? Sending A Cease and Desist Letter. As an intellectual property owner, you can send a Cease and Desist letter as a first step to admonishing your logo's trademark infringement. ... Court Case. Your attorney may suggest taking logo theft issues to court.

Trademark infringement is prosecuted under civil laws, and is not a criminal act. Instead, lawsuits over trademark infringement will usually require you to stop using the trademark, and you may have to return any profits made off of the infringing use, or pay money damages for the use of the trademark.

Is a logo subject to copyright? Yes. A logo that includes artistic or design elements, (i.e. not just the name on its own), is legally regarded as being a work of artistic creation and therefore will be protected under copyright law. Copyright protects the logo as an artistic work.

You can register a logo with the USPTO by using the Trademark Electronic Application System (TEAS) or other online trademark service. If your logo includes design elements, you will need to upload an image, using a . jpg file, of the logo as part of your trademark application.

To copyright your logo, you need to use the copyright symbol. This familiar symbol of the letter ?c? contained in a circle is the universal symbol for copyright. Include the symbol or word within your logo or right next to it. To trademark your logo, you need to register it and pay a fee.

Copyrights primarily protect the rights of people who create literary, dramatic, musical, artistic, and certain other original works (like history tests, and software code). Trademarks can protect the use of a company's name and its product names, brand identity (like logos), and slogans.

Copyright law provides that the designer of the logo is the first owner, unless it's made by an employee in the course of their employment, in which case the copyright will be owned by the employer.