Question: What Do You Do If Someone Uses Your Logo?

Trademark infringement is the unauthorized use of another person or company’s registered trademark.

Thus, trademark law allows your business to sue the infringer for money damages, as well as for a court order to prevent further infringement..

What happens if you use a logo without permission?

However, the Publishing Law Center states that, unlike a copyright, a trademarked logo’s ownership can last forever. Logos don’t even need to be registered as trademarks to be protected under current law. This means that using someone else’s logo without permission, even if it’s unregistered, is against the law.

How to Protect Your Brand and What to Do If Someone Steals itProtect your unique brand name / logo. If you have a unique brand name or logo, protect it. … Make a paper trail. … Watch for trademark violations. … Keep your domain. … Trademark your new name BEFORE releasing it. … Register your new domain. … Announce the change.

Can you go to jail for trademark infringement?

While most infringement cases are handled in civil courts, some cases can lead to federal criminal charges. This can result in numerous criminal penalties, such as probation and even jail time.

How do you know if a logo is copyrighted?

To search the USPTO’s trademark database, go to TESS and choose a search option. If you are searching for a name, you can use the trademark name search. If you are searching a design mark, such as a logo, you will first need to look up your design code using the USPTO’s Design Search Code Manual.

Can you use a sports logo without permission?

You can’t sell products with the logos without permission. You could get sued for trademark infringement. … Check out the trademark licensing terms and conditions of each team. Some might share terms, if a league or conference.

Can I change a logo and use it?

If you find yourself wanting to use some or all of a company or organization’s logo and you don’t own the company or organization, you will need to get a letter with written consent from the registered owner saying that you have their permission to use the logo in question in your design.

Can I sell something with a logo on it?

The only way to legally sell items with a trademark that you do not own is to obtain a license from the trademark owner. Trademarks are valuable property rights and are vigorously protected by their owners in most cases — even against a small, localized business.

How different does a logo have to be to avoid copyright?

Logos can be copyrighted if the design is highly and uniquely creative. Because a copyright can only be used for specific artistic logos, many logo owners seek a trademark, which protects business names, slogans, and other business identifiers. Both a copyright and a trademark can cover a logo.

If you want to protect your brand identity you have to register a trademark for your company name, logos, and slogans. By using the trademark symbol, you notify other people that products they use are your property. In order to prevent unauthorized use of your mark by third parties, you have to choose a strong one.

What to do when someone infringes your trademarkEstablish if there is a trademark infringement. First things first, establish if an infringement of your trademark has occurred. … Enforce your rights. If you suspect your trademark is being infringed, then you should consider taking action. … Register your trademark as soon as possible.

Legal penalties for logo theft can include: Jail or prison sentences. Confiscation of unauthorized products or materials. Cease and desist injunctions.

What happens if you use someone else’s trademark?

If you believe someone is infringing on your mark, an attorney will first send a cease and desist letter on your behalf, demanding the other user to stop using your mark. If that’s unsuccessful, you can file a lawsuit (most likely in federal court) to stop the use.

Is it illegal to use a company’s logo on a shirt?

Trademarks or copyright can protect logos, and both forms of intellectual property protection restrict how others may use the logo. … Selling shirts with copyrighted images isn’t impossible, but you should never use someone else’s logos on your T-shirts or other clothing without their explicit permission.

Can I sue someone for using my business name?

Thus, only individuals can sue for unlawful use of name or likeness, unless a human being has transferred his or her rights to an organization. Note that companies may sue you for trademark infringement and unfair competition if you exploit their brand names for commercial purposes.