When forming your company you took the time and effort to create a distinctive logo. This logo helps your customers to readily identify your company and helps it to stand out from the competition. However, in today’s competitive market, your competition might try to confuse the public by using your logo or one that is very close to it. In order to protect your company and its logo, you will need to register it as a trademark. While many states do not require registration, it is always a good idea to take that additional step. If you will be doing business in multiple states, then you must register your logo with the U.S. Copyright Office. If your business will stay local, then registration with your state should be sufficient.

Follow these necessary steps to protect your logo:

• Keep a copy of your contract with the person or company that created it.
• Register your logo with your state.
• Register your logo with the U.S. Copyright Office if you do business in more than one state.
• Store these records in a safe place.

This way, you have a record detailing the creation of your logo and proof that the logo belongs to your company.

Once you have a registered logo, you will be in a position to take legal action against anyone who attempts to use your logo or one that is very similar in appearance to it. First you should verify that the other company’s logo is yours or very similar to it and take pictures. Then you will need to consult with an attorney.

Your attorney will compare your logo with the other company’s logo to determine if they are indeed the same or so close as to cause consumer confusion. Once your attorney has made that determination, then he or she can advise you as to what to do next.

There are three levels of logo protection.

1. Federal level for logos registered with the U.S. Copyright Office.
2. State level for logos registered with the state and protected under state laws.
3. By action of law through ruling of the court.

You and your attorney will need to decide what relief you wish for the courts to grant. Obviously, you will want the courts to order the other company to stop using your logo. In some cases, the other company may have caused you to loose money or have damaged your company’s reputation. In those cases, you may wish the courts to order the other company to pay your company restitution.

Your case could involve unfair competition. In that case, there are other laws to protect you as well.

About the Author: M Garcia

M. Garcia is a representative of Arizona Legal Briefcase, a legal document preparation company in Phoenix, AZ. She and her team have the ability to draft and file various business documents including copyrights and Arizona small business formation documents.