Expert: Maggie Macnab - 12/2/2006

Question
Is there a place on the internet on which we can search for currently registered trademarked logos in order to prevent the clash of logo choice?

Answer
Hi Will,
Looking for specific visual designs can be more challenging than words, but you can go to the Patent and Trademark Office website's search engine at http://tess2.uspto.gov/bin/gate.exe?f=tess&state=shlh7p.1.1 and check with your search criteria.

Keep in mind, a copyright is the visual/graphical intellectual property which is based on uniqueness (and you cannot copyright words or letterforms, unless you've designed a typeface), whereas a trademark can be given out to multiple non-competing businesses. I'm not an attorney but have copyrighted my work for years, so have some experience with it. You may be looking for copyright rather than trademark if you are looking to get protection for the visual aspect. The other alternative is to go ahead and register it, though copyrights are by far cheaper at $45 per (use the Short Form VA which is easy to fill out, located for download at http://www.copyright.gov/register/visual.html), and a basic trademark runs $325-375. It takes several months to find out whether or not your mark was accepted and you do not get a refund if it is not.

You can also go to some searchable logo sites, like Logolounge.com, but there is a membership fee involved. It would help you to see if there were similar logos, however, and you could search under the designer or client's name on the trademark and copyright sites.

All in all, intellectual property protection is not a necessarily simple or quick process, and I do recommend you talk with an attorney (perhaps one on All Experts) for guidance, particularly in the realm of trademarks which are quite complex with legaleze.

best regards,
Maggie Macnab