Should I register a logo as a trademark?
The obvious answer to this question is, “Yes, you most likely can - and you most likely should!”To ensure that you have the most comprehensive trademark protection, it’s best practice to register trademarks for both your word mark(s) as well as any logos/images (device marks) which are part of your brand assets.
A trademark registration for a word mark ensures protection for the words, in any format. It doesn’t matter what font, colour, style or size you use. However, your logo is also a part of your brand assets and it should also be protected to ensure you have the exclusive right to use and can prevent your competitors from using confusingly similar logos. Customers will identify your logo as a representation of your business.
For example, Rolls-Royce have taken steps to protect the following:
When you register your logo as a trademark, it signals to the market that you consider your logo to be a valuable business asset which is worthy of protection.
A logo can become highly recognised as a brand icon. To illustrate this, you are likely to recognise all or many of the circular logos below as symbols of various brands of motor cars.
Consumers soon associate a brand with its logo and identify the qualities and values of the company that it represents, such as elegance, luxury, quality, reliability, advanced engineering or affordability etc.
Why should you register a trademark logo?
As with any trademark, registering your logo ensures that you can enjoy exclusivity and protection for your brand. A trademark registration identifies you (or your business) as the owner of the trademark. It enables you to take steps to prevent competitors from using confusingly similar or identical trademarks.
Here is a good example to emphasise the significance of trademark protection for a logo: Pandora, the American music streaming app, initially used a blue shaded P as their logo. Paypal felt that it was confusingly similar to its own blue shaded double P logo, especially if the two logos appeared side-by-side on phone screens. The court agreed and consequently, Pandora changed the colour of their logo by introducing tones of red, pink and purple to differentiate the “P” logo.
You can’t ever predict when a new business might replicate or take inspiration from your logo image, either accidentally or on purpose and it could be detrimental to your brand. But you can more easily prove your right to exclusivity if you have a trademark registration.
A registered trademark logo can offer brand protection when words can’t
Business owners often choose words which are descriptive or generic as brand names. While such names might be useful to convey what the business offers, they are usually not registrable as trademarks as they are not distinctive. Because they contain words which other traders should not be prevented from using, they can’t be registered.
In a situation like this, many brand owners choose to apply to register a logo as a trademark to obtain some registered trademark protection for their brands.
For example, The Superfood Company would struggle to register THE SUPERFOOD COMPANY as a word trademark registration because it is descriptive of the nuts, seeds and other healthy food products the company provides. However, they have registered their logo (which contains the words THE SUPERFOOD COMPANY) as a trademark:
A word mark would give the strongest protection. Although this combined mark doesn’t offer the same degree of protection, it does protect the overall appearance of the mark and it would be likely to bar any subsequent applications which might use the same words for similar goods and services. The logo registration could quite possibly act as a ‘scarecrow’ and discourage competitors from using the same or similar words in their name.
When is a logo not registrable?
As with any trademark, IP Australia will be likely to issue an objection if your logo is the same as or confusingly similar to an existing trademark. You could also receive an opposition from the owner of such a trademark.
Here is a short list of eight kinds of trademarks that are not registrable. The trademarks which are the most problematic are those which are descriptive, non-distinctive, laudatory, offensive or confusingly similar to pre-existing marks.
The most powerful trademarks are distinctive or fanciful. They often use words and images or a combination of these in an innovative and original way. The visual aspects of logo trademark applications usually result in them having a higher level of distinctiveness - making them easier to register.
Show the world you have trademark protection for your registered logo
Once you have registered your logo as a trademark, you are entitled to use the registered trademark symbol ® to indicate that your mark enjoys brand protection. The R-symbol serves as a forewarning to rivals not to copy your logo and shows the world that you are serious about protecting your trademark rights.
