How to tell if a logo is trademarked

Determining if a logo is trademarked involves conducting a search to verify its legal status.

1. Identify the Jurisdiction:

• Logos are typically trademarked within specific jurisdictions, such as countries or regions (e.g., United States, European Union). Determine the relevant jurisdiction where you want to search for the trademark.

2. Use Online Trademark Databases:

• United States (USPTO): Use the United States Patent and Trademark Office’s online database (TESS – Trademark Electronic Search System) at USPTO Trademark Search.
• European Union (EUIPO): Search the European Union Intellectual Property Office’s database (eSearch plus) at EUIPO Trademark Search.
• Other Countries: Many countries have online trademark databases accessible through their respective intellectual property offices or websites.

3. Perform a Trademark Search:

• Enter the logo’s image or textual elements (if any) into the trademark database’s search tool. Some databases allow you to search by image (uploading the logo) or by textual description.

4. Review Search Results:

• Examine the search results to see if there are existing trademarks that match or resemble your logo. Pay attention to the trademark owner, registration number, and goods/services covered by the trademark.

5. Check for Similarities:

• Evaluate whether any existing trademarks cover a similar design, name, or industry as your logo. Trademarks can be registered for similar or related goods/services, so ensure there is no likelihood of confusion.

6. Consult with a Trademark Attorney:

• If you’re uncertain about the results or need legal advice, consider consulting with a trademark attorney. They can help interpret the search results and provide guidance on trademark registration or infringement issues.

7. Additional Considerations:

• Common Law Trademarks: Even if a logo isn’t registered, it might still be protected under common law trademark rights based on its use in commerce.
• International Trademarks: For logos used internationally, consider searching in multiple jurisdictions if necessary, as trademark rights can vary by country.

Determining if a logo is trademarked involves thorough research using online trademark databases specific to the jurisdiction of interest. By conducting a search and reviewing the results carefully, you can check the availability of your logo for trademark registration or ensure compliance with existing trademarks.