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Trademark - how much can it change?

         

ergophobe

1:25 am on Nov 9, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member Top Contributors Of The Month



In brief:

Client currently has a site logo that is black and white and 500w x 257h that includes a graphic and the company name.

I added some color, resized, changed font of the company name and to some extent adjusted the relationship of the text and image (made the image so be only as tall as the text rather than 2x as tall).

This is not a trademarked logo, but the client is worried about trademark issues. What I'm wondering is how specific trademark is. I've worked with other logos that were in multiple variations, commonly

B/W horizontal
B/W vertical
2-color horizontal
2-color vertical
4-color horizontal
4-color vertical

This is different, though, since it's not just the color that has changed. It's the same orientation, but different size relationships between the graphic and the text and different font.

BTW, so far most people think my version looks a lot better and, obviously, the 500x257 logo is not really going to scale well for use with most website designs.

Thoughts? Resources?

rogerd

3:47 am on Nov 9, 2005 (gmt 0)

WebmasterWorld Administrator 10+ Year Member



This is business advice, not legal advice. If the original logo isn't registered, I'd go ahead and do the revised one - stick a TM next to it to notify viewers that you consider it a trademark, too.

There's nothing to say that you can't have a couple of trademarked logos, AFAIK.

ergophobe

5:01 am on Nov 9, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member Top Contributors Of The Month



That's what I was thinking, but I'm pretty ignorant about trademarks. I know copyright issues reasonably well, but not sure how that relates.

I thought a trademark had to always be registered to count as a trademark. I know that you're not supposed to use the "circle R" registered trademark unless it's been approved by the feds, but I take it you're saying that "TM" is more akin to claiming copyright?

FanOfCoding

6:03 pm on Nov 10, 2005 (gmt 0)

10+ Year Member



the circled-R can only be displayed for material that has been trademarked and the legal document has been awarded by the USPTO.

however, anyone can display a TM on anything. It merely means that you are thinking about tradmarking it, or in the process of doing so.

ergophobe

8:02 pm on Nov 10, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member Top Contributors Of The Month



Is that true everywhere in the US? I only ask because the USPTO site says that the use of the TM is regulated by states.