Ben owns Copyshop and wants to sell Copyshop franchises throughout the United States. In doing so, Ben wants to prevent competitors from imitating the distinctive Copyshop logo and thereby misleading consumers. How can Ben protect the logo?
What will be an ideal response?
A logo is a trademark. Assuming that a trademark is not too similar to existing marks, it can be registered with the U.S. Patent and Trademark Office (PTO). This provides national protection for a mark that is in use (or will be within six months). Once a mark is federally registered, the symbol (r) may be used with it to give notice of the registration. (If a mark is not registered, the symbol (tm) can be used.) Registration can be renewed after five years, and every ten years thereafter. The owner of a mark must be vigilant against its misuse. Allowing others to use a mark without restrictions or without protest can constitute abandonment. Also, a mark registered with the PTO that is not used for two years is presumed abandoned.
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