I have designed a “logo”. How can I protect it? Can I also apply for a registered design to protect the “logo”?

Home » FAQs » design » I have designed a “logo”. How can I protect it? Can I also apply for a registered design to protect the “logo”?

I have designed a “logo”. How can I protect it? Can I also apply for a registered design to protect the “logo”?

  • Trade mark and design protection possible
    • A logo can be protected – also simultaneously – by a trade mark and a registered design.
    • What type(s) of IP you seek to obtain will depend to a large extent on the intended purpose of use.
  • Protection as a trade mark
    • If you intend to use the logo, above all, to mark certain goods or services, which are produced or offered by your enterprise, that means if you wish to use the logo on the products so they can be clearly identified as originating from this specific enterprise, then you should seek trade mark protection for the logo.
    • The logo can be protected as a figurative mark or as a combined word/figurative mark. The DPMA will thoroughly examine your trade mark applied for. It can only be registered, if there are no “absolute grounds for refusal” according to Sec. 8 Markengesetz (German Trade Mark Act). That means that in order to be distinctive your logo should be fanciful and not descriptive.
    • The term of protection of the trade mark can be extended indefinitely.
  • Protection as a registered design
    • A registered design protects the appearance of a logo. The appearance is determined by lines, contours, colours, decorations etc.
    • Design protection is the right choice, particularly, if you primarily intend to apply a logo or other graphic design to the surfaces of different products, for example, t-shirts, cups or print products, or to decorate or garnish packaging.
    • Even if you as the designer of the logo have absolutely no concrete intention of use and merely wish to gain protection for your design, design registration may be useful.
    • Design registration is comparatively low cost and the protection offered is class-independent. The maximum term of protection is 25 years.
  • Scope of protection/filing strategy/search
    • Since trade marks and designs suit different purposes of protection, the scope of protection differs from trade marks to designs.
    • If you have any doubt about what filing strategy is suitable for your plan to protect your newly designed logo, you should consult an attorney with experience in issues regarding trade mark law and designs law.
2018-02-05T10:31:57+00:00 September 21st, 2016|