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How do I legally advertise my company logo without a trademark?

I’ll take another approach to this one – you should trademark your logo for three important reasons:

  1. If you’ve done a comprehensive trademark search (which occurs during the filing process), you can find out if you’re actually infringing on another company’s mark and avoid significant legal risks.
  2. Although you can claim ownership of your trademark without formally registering with the United States Patent and Trademark Office (USPTO), your rights are limited to the geographic regions where your trademark is used, so formally filing it will afford you maximum legal protection across the country. You also won’t be able to sue in federal court w/o being registered.
  3. If someone else infringes on your trademark, you have a sound legal argument for bringing them to court. Additionally, the USPTO routinely rejects trademark registrations based on the “likelihood of confusion” that consumers would face between a prospective trademark and one that is already on file. By registering your trademark with the USPTO, you’ll have a greater chance of being protected prior to infringement.

Generally speaking, registering your logo prevents others from ripping you off. All of that being said, you aren’t required to register a trademark before using it in advertisements. Just make sure, before using it, that you have searched online and made sure there is nothing else substantially similar to it, and be vigilant about other people creating similar marks on their own.

At LawTrades, we provide free consults and competitive rates on registering your trademark with the help of experienced lawyers. Stop by today and get things started with a free trademark search conducted by an IP attorney!


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