Getting a logo designed for your business? 6 reasons why you need to register it as a trademark
Getting a logo designed for your business?
6 reasons why you need to register your business logo as a trademark
Congratulations, you’ve made the decision to get a logo designed for your business. A logo identifies your business by using an icon, a mark, words, a picture or image.
A well-designed business logo can make your business stand out from the competition and make it a memorable part of your business. And having this
logo on your website, letterhead, business cards and signage connects you to prospective and current customers.
When you recall business logos you may picture Nike’s ‘swoosh logo’ or McDonalds ‘big golden arches’. A business logo is more than the image though. It identifies the company, its products, service and culture.
Quick Off the Mark® gets asked every week by all types and sizes of business whether registering a trademark for their business logo is worthwhile. Our response? There’s no point investing money, time and energy on your logo if it can’t be registered or if someone else registers it.
What’s a trademark?
According to the Australian TRADE MARKS ACT 1995 – SECT 17,
“A trade mark is a sign used, or intended to be used, to distinguish goods or services dealt with or provided in the course of trade by a person from goods or services so dealt with or provided by any other person.”
Before you decide whether or not to register a trademark for your business logo, read these 6 reasons to register a trademark for your business logo.
Reason 1 to register a trademark for your business logo: a logo with trademark registration builds brand and business awareness
Trademark registration for your business logo is an effective way to say to the world, “I’m serious about my business!”
Picture yourself in your prospective customer’s shoes. You’ve got 3 suppliers to choose from and only 1 has a registered trademark for their logo. Who do you consider to be more professional, more likely to be around in the next few years, more up to the task of helping you out?
It doesn’t matter how old or small your business is. You could be running a web development business from your garage or have a business with three locations. The little ® symbol signifying that your business has registered a trademark for your business logo can elevate your business and brand in your customers mind.
Reason 2 to register a trademark for your business logo: separate trademarks simplify your business planning
When you’re starting out in business, a well-designed, professional logo may not be on top of your ‘to-do’ list. The logo that your friend designed in 5 minutes may be okay for the first few years of business. But after a few years with more money to invest, you’ll probably want to redesign your business logo.
This is why Quick Off the Mark® advises its clients to register a trademark for their business logo separately from their business name. A separate trademark for your business name and for your logo will help keep everything simple in the future with your advertising, marketing and business development strategies.
Reason 3 to register a trademark for your business logo: it stops other businesses registering a trademark for your business logo.
Business logo design requires financial investment. And you’ll also need to be involved with the creative process and sign off. When this process is over, it would be heart breaking to have a similar logo to one that’s already been registered as a trademark.
Registering a trademark for your business logo early on in its development ensures your distinctive business logo can’t be used by anyone else.
Reason 4 to register a trademark for your business logo: your logo reminds people of your business and brand
Everyday in the mail you’ll receive envelopes with logos on them. From your utilities bills and bank statements to local community newsletters. When you see that logo you remember who the business or organization is, your relationship to them and the importance of them to you and your family.
A logo is like a ‘memory hook’ and registering a trademark for it will ensure nobody else can use it.
Reason 5 to register a trademark for your business logo filing a logo trademark in black and white covers you for all colours
A trademark application can be filed in black and white or grey scale or colour. Quick Off the Mark® advises its clients to register a trademark for their business logo without colour limitations. This ensures that any future branding colour changes won’t affect your logo trademark. This is particularly important if you are considering international protection for your trademark, as some countries may automatically limit the trademark to a certain colour.
Reason 6 to register a trademark for your business logo: it gives your business logo protection rights
You may be aware that big companies like Nike, Adidas, Coach, Prada, Burberry and Chanel take legal action against anyone selling black market items with their logo because it infringes their logo trademark.
When you register a trademark for your business logo you’ve got the same right within the country of registration to take action against a company or people who are trying to use your logo without consent.
You may also stop the import of counterfeit products with the Australian Customs Office once you’ve registered your business logo.
Once your trademark attorney, consultant or lawyer submits your application, there may be a number of issues to be dealt with, including objections from competitors, questions from IP Australia, and a range of other issues. If this process is navigated effectively, your business logo trademark registration will be complete in seven and half months after the initial application was made. Finally, remember that an Australian trademark registration doesn’t protect you internationally. If, you’re looking for international protection, talk to your trademark attorney, consultant or lawyer.
In conclusion, there are at least 6 good reasons businesses, of all shapes and sizes, should register their business logos as trademarks.
Contact Quick Off the Mark® to discuss the protection of your business logo.
The advice provided in this blog is general advice only. It has been prepared without taking into account your business objectives, legal situation or needs. Before acting on this advice you should consider the appropriateness of the advice, having regard to your own objectives, legal situation and needs.
Quick Off the Mark is a division of Mark My Words Trademark Services Pty Ltd (MMW). MMW was founded in 2011 and is headed by Jacqui Pryor, a registered trade marks attorney with more than 16 years experience.
In 2015 MMW acquired Quick Off the Mark®, which is a fast and affordable Australian trademark registration service. Quick Off the Mark® offers fixed fees that are affordable to help Australian businesses register their trademarks.