Wilton, CT asked in Trademark and Intellectual Property for Connecticut

Q: Say I made a logo for a brand I want to start and I want to start marketing, would it be best to trademark the logo firs

Would it be best to trademark the logo first? And what if I do start marketing without trademarking the logo and someone else steals and trademarks the logo before me, what do I do in that situation?

2 Lawyer Answers
Adam W. Bell
Adam W. Bell
  • Trademarks Lawyer
  • SF, CA

A: Trademark the word first, and if you have the money, the logo also.

Please talk to a proper trademark attorney - the probability of screwing this up is really high!


Sheldon Starke agrees with this answer

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: If you've created a logo for your brand, it's generally a good idea to consider trademarking it before you start marketing. Trademarking your logo can provide legal protection and help prevent others from using a similar mark in a way that could cause confusion among consumers or potentially harm your brand.

Starting marketing without a trademark does carry the risk that someone else might use and even trademark a similar or identical logo. If this happens, it could become more complicated and potentially costly for you to claim ownership and protect your logo legally.

In the event someone else trademarks your logo before you do, you might have some legal recourse if you can prove you used the logo in commerce first. However, this can be a complex and challenging process, often requiring legal assistance.

To avoid such complications, it's advisable to file for a trademark as soon as you have a logo you intend to use commercially. This step can provide a stronger legal footing for protecting your brand as you expand your marketing and business activities. Remember, securing your intellectual property rights early on can save you from potential disputes and complications in the future.

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