Questions that Need to be Answered Before Seeking to Trademark a Logo in Chicago
When looking to trademark a logo in Chicago, there is much to consider2 min read
When looking to trademark a logo in Chicago, there is much to consider. Navigating the trademark registration process requires understanding of federal and local laws and regulations, and how best to position the application. This article possible queries that business owners should take into consideration prior to trademarking their logo.
First, it is important to determine whether is it essential to seek formal trademark protection. Trademark protection grants exclusive rights to use a logo, which may be commercially profitable for those aiming to stop others from using their logo. Moreover, a federal registered trademark allows the holder to enforce their rights to the logo through the court system. Without a federal trademark, an individual may only have protection under the common law trademark protections.
In order to trademark a logo in Chicago, the logo must be intended to fulfill the following criteria. The logo must be distinctive, meaning it should not be a common design or a term that has been used many times already in the industry. Additionally, the logo should not be considered scandalous or immoral or violate public policy. If the logo passes these criteria, then one should determine what the best route is for registration.
Businesses seeking trademark protection have two options. The first is a federal registration, while the second is a state registration. A federal trademark provides more robust protection since it applies across the nation. However, a state registration provides protection that covers the accepted trademark application on a state-wide level.
If decided to apply for a federal registration of the logo, the business must file the necessary paperwork with the United States Patent & Trademark Office (USPTO). USPTO helps process trademark applications and register if the logo meets the applicable requirements. Obtaining a federal trademark is a detailed process that can take anywhere from nine to twelve months. During that time, the USPTO can conduct interviews to better understand the logo or reject the application altogether.
Nonetheless, both state and federal trademark registration require an exhaustive process. It is important to consult with an experienced trademark lawyer to best ensure that the trademark application conforms to the requirements and that the logo is properly protected against infringement and passing off.
The lawyers at UpCounsel have a long history of trademark registration services in Chicago as well as nationwide. From assistance with searching for potential conflicts to representing you in opposition encounters, the professionals and UpCounsel provide excellent counsel and service. With a wide range of legal capabilities and an experienced team of lawyers, they have the knowledge and experience to provide the help you need to register a trademark for your logo.
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