Trademark my logo and name7/25/2023 ![]() However, it’s important to be sure that your company actually owns the logo both under copyright and trademark law. ![]() This means you have two potential claims against the infringer. So if someone knocks off your logo, they may be committing both trademark and copyright infringement. A logo, just like any other kind of visual image, is protected under copyright law at the moment of creation, pursuant to the U.S. Logos also differ from Word Marks in that they also implicate copyright law. Meaning, if someone else is already using the same or a similar logo, it can’t function as your trademark, and you can’t register it with the USPTO. The proposed logo trademark must satisfy the USPTO’s requirements and it must be unique in connection with the listed goods and services. Note that the same rules apply to all trademarks, including logos. In the U.S., trademarks are registered with the United States Patent and Trademark Office (“USPTO”). ![]() Logos that are just a brand name in a particular font and color may not be as visually distinct, and therefore may not be as important to protect, as long as the brand name itself is registered. This is particularly true when it comes to visually distinct logos. ![]() Katy Perry initially tried to block the registration and later engaged lawyers to try to force the designer to cease and forever desist from using the mark but later abandoned the move, Taylor said.In either case, if your logo is an important brand identifier – meaning, if the logo is strongly identified with your company, products, or services, then it’s worth protecting by registering it as a trademark. The tussle between the popstar and the Australian fashion designer over the homophonous name began in 2008 when Taylor registered the "Katie Perry" brand in Australia. Representatives of Katy Perry could not be immediately reached. "Not only have I fought myself, but I fought for small businesses in this country, many of them started by women, who can find themselves up against overseas entities who have much more financial power than we do," she said in a blog post. Taylor, whose birth name was Katie Perry, called the verdict a "David and Goliath" win for small businesses. The judge dismissed a bid by the popstar seeking to cancel the Katie Perry trademark. "This is a tale of two women, two teenage dreams and one name," Markovic said in her judgment. Katie Taylor, who filed the lawsuit in 2019, alleged the singer ignored the trademark and sold Katy Perry clothing to Australian customers during her concert tours in the country in 20 through retailers and websites.įederal court judge Brigitte Markovic ruled that Katy Perry's company Kitty Purry partially infringed the trademark of Katie Taylor's business, which sells mostly clothes online, by promoting the singer's products through posts on social media, a court filing out on Thursday showed.ĭamages are due to decided at a later date. SYDNEY, April 28 (Reuters) - An Australian court has ruled that pop superstar Katy Perry infringed the trademark of a Sydney-based fashion designer who has sold her products locally under a label with her birth name "Katie Perry". ![]()
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