Legal Question in Intellectual Property in Illinois

If I register a name/logo for copyright/trademark and it's already filed, then later on I decide to change the company logo, is there an extra charge?


Asked on 1/04/13, 8:22 pm

1 Answer from Attorneys

ERIC WACHSPRESS ERIC S. WACHSPRESS ATTORNEY-AT-LAW

Your question is a little confusing. If you file an application to register a mark with the United States Patent and Trademark Office and registration of that mark is refused by that Office because a similar mark has already been filed with that Office and so you change your logo to overcome that refusal; yes, you will need to refile a new application and pay a new application filing fee with the Patent Office to register the changed company logo. If your mark is already registered and you wish to protect your changed company logo, if the overall commercial impression evoked by the new logo is different from the original, you will need to file an application to register your new logo with the Patent Office and, therefore, incur, again, a new application filing fee. If the overall commercial impression evoked by the new company logo is the same as the original, which is the subject of an existing registration, you may not need to register the changed logo. However, to make that determination, a lawyer familiar with trademark law should review the two versions of your logo to ensure that your new logo is protected through appropriate registration.

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Answered on 1/05/13, 9:15 am


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