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HOW IMPORTANT IS IT TO REGISTER A LOGO?

 
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Qromeo

posts: 24

Sep 18, 2007 2:59 PM ET    Quote  Report Abuse
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Is it really important to register a logo with the USPTO if your logo was purchased and therefore, it`s owned by you.?  It is necessary to register it too?  What are the advantages of registering a logo? What is involved? Please help.  Thanks.

Qromeo2007-9-18 15:10:36
pepperlegal

posts: 153

Sep 19, 2007 3:05 PM ET    Quote  Report Abuse
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If you are referring to registering a trademark for your logo, the answer to your question really depends upon how important it is to you to prevent others from using the same or similar logo in their business.  Remember, just because you purchased the logo doesn`t mean this gives you trademark rights - potentially only copyright to the logo.  Trademark rights arise as a result of use of the logo in commerce.

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Qromeo

posts: 24

Sep 21, 2007 11:41 PM ET    Quote  Report Abuse
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Thank you so much for your response.  I`ll be more clear so you understand.  I purchased a photo from Adobe Stock Photos on the internet for a few hundred dollars and have been using that as my company logo.  I overlayed words onto the image which is my trademark.  The words have been registered with the USPTO but I did not register the photo as my logo.  Do I need to register the photo as my company logo? 

Qromeo2007-9-21 23:43:3
johnqh

posts: 113

Sep 22, 2007 1:29 AM ET    Quote  Report Abuse
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Stock photos with price in hundreds of dollars are rarely exclusive. You only bought the royalty free right to use the photo, not the exclusive right. Thus, it is not a good idea to use it (without significant altering) as trademark.
Fred333

posts: 51

Sep 25, 2007 2:26 PM ET    Quote  Report Abuse
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To answer the original question I would say anything that identifies your compan yor business need to be protected in some way.

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JSondy

posts: 67

Oct 17, 2007 2:18 PM ET    Quote  Report Abuse
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Thank you Johnqh for addressing the royalty free/usage vs exclusive rights. 

Yes, you should register your logo/trademark if you plan for long-term success and market dominance.  But before you begin the application process, you may want to do some research on your own.  As previously mentioned, the photo you bought from Adobe CANNOT be used...  Adobe, like Microsoft and Apple, ferociously protect their material.  Hire a photographer and/or designer to design a custom logo and make sure YOU OWN IT and GET IT IN WRITING.  Some photographers hid the fact that they own the copyright to images even after you`ve paid the fees. 

I`ve worked with one my clients on three logo and service trademarks in the past few years and using legal counsel is probably the best method.  And, be patient, it does take several months.



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