Legal Question in Business Law in North Carolina

Is it mandatory to trademark my logo being used? Also, without a trademark, can I still claim ownership of my logo by having an affidavit?

Asked on 10/14/12, 4:51 pm

1 Answer from Attorneys

Geneva Yourse Cauley Pridgen, PA

It is not mandatory to trademark a logo. You are able to place a TM with a circle around it with your logo without registering it. The TM tells the world that you intend the logo to be proprietary, but it is not registered. The TM is proof of your intention. An affidavit will not be sufficient. However, if you need to sue someone for infringing on your logo, you will need to register the logo with the US Patent and Trademark Office. You should contact any attorney to discuss how this is done and the legal consequences of using both the TM and the R with your logo.

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Answered on 12/06/12, 7:09 am

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