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Query regarding need to register a logo/ name for a self-owned service


27-Apr-2023 (In Trademark & Copyright Law)
Hello there, I am an artist looking forward to sell hand painted / graphic art of my own creations on different medium (ex: T-shirt , posters, etc). I use a logo and a name of my page to tag my works. Do I need to get it registered somewhere? Is there a chance of an unknown claiming the name or the logo is his/her anyways?
Answers (5)

Answer #1
756 votes
You need to get your logo / trademark registered with the Trademarks Registry. There are different categories in which applications are filed depending upon the goods or services under which the registration is sought.
Answer #2
518 votes
Well you can certainly register your logo as a trademark as well as a work of art under copyright. So far as trademark is concerned, you can seek a prior art search of similar logos prior to registration as trademark. The chances of an infringement of your marks is a possibility always. Your page url is unique under the ICNN. You can also register your web page (if it is unique) as a work/ image. Let me know if you need further help. Would be happy to help.
Answer #3
710 votes
Though there is no such requirement to get the registration done for the protection of your IPR matters as you can always bring a suit for passing of if someone is using your logo however it is always advisable to have your logo and tagline registered for the use otherwise you may face trouble later on if someone starts using the same logo or tagline and will ask you to stop using it based on the goodwill clause or on the ground that his or her use of that logo is prior to the use done by you.
Answer #4
767 votes
hello there, you may register your logo or trademark under copy right act and trademarks act depending upon the artistic work. before applying you may check on the availability of the trademark in view of chances of avoiding unknown claiming the name/ logo.
Answer #5
548 votes
Hi
You should indeed register your name/logo for protection of same from misuse or infringement by any third party.
In the absence of any registration by you, it may be difficult for you to stop anyone else using the same name/logo and in case the other person does registers the same name/logo before you, he may also be able to stop you from using the said name/logo.
For protection you can opt to register your name as a Wordmark and your logo as a device Trademark.
You may further register your logo as a Copyright as an added protection.

I can further suggest that you may further be able to protect each of your paintings by registering them separately which in turn would provide protection against any infringement of each painting.
For any further query, please feel free to contact us.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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