The Logo Factory Archives

An interesting read on registering a trademark and a look back at registering our own.

Seen on the tubes – a very concise article on how to register a trademark. Written by the good folks at Trademark Express, this is sorta the article that I’d like to think I’d write if I ever got around to doing so.

Registering The Logo Factory trademark.

Reminds me of the time that we got around to registering our trademark back in 2000. Since using The Logo Factory moniker since as early as 1993 (see history here) figured it would be a snap. No such luck. When our legal beagles submitted the paperwork to the feds, the original application was rejected because (in their not-so-humble opinion), we were conflicting with another company (truth to tell, it wasn’t even close, though the basic concept was, to be charitable, similar). Turns out their earliest claimed use was 1997, so in a legal show-down we’d probably have won out and been awarded the ‘Circle-R’ (which is what the entire exercise is about) due to our provable first use. Of couse, any legal show-down involves untold cost, hassle and even though we believed we could have prevailed, there’s always the chance that the courts would rule against us.

Registering The Logo Factory trademark.

In order to avoid all this nonsense, our lawyers approached the other entity with a summation that went thusly –

1) the logo, marks and names aren’t similar enough to worry about confusing anyone,
2) in a legal battle we’d probably win (at least, that was the opinion of our TM team) because of prior usage and
3) such battle was going to be an expensive aggravation for everyone.

We offered an alternative – an agreement that stated that we’d agree to coexist peacefully, and not attempt to sue the pants off each other over conflicting marks if The Logo Factory mark was approved. This agreement was signed off, we submitted updated registration papers (with our agreements attached) and the mark was approved as an honest-to-goodness TM. Not sure why more companies don’t take the conciliatory approach before duking it out in front of a judge – less expense, less headache and makes the world a nicer place to boot.

This is an archive post from our Legacy Blog, originally published in 2007.