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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 110556
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Trademark lawyer... can i register a trademark company name

Customer Question

trademark lawyer... can i register a trademark for my company name in combination with a logo i got off of a logo app
Submitted: 3 months ago.
Category: Business Law
Customer: replied 3 months ago.
we are stating a business.. and found a logo that we like on an app that is for creating logos... we have the name for our company and found out that we should trademark our name and logo.. can we do that even though the mark came from somewhere else?
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Do the terms of service in the APP give you rights to use or rights to register any logo from the app?
Customer: replied 3 months ago.
TOS (you can use logoscopic for whatever you want except for selling logos/designs made with the app..).. the logo that we had started using and want to trademark was in existence in whole on the app
Customer: replied 3 months ago.
the name of the company is our own and separate from the app
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your reply.
Unfortunately, if that logo (not including your name) is part of the app, you could not prevent anyone else from using it by copyright or trademark. You would need their permission to include their logo design in your logo if you want to get an official trademark of that logo. You can trademark the name of your company, but the logo itself would require written permission from the company. You would have to separate the company name from the image from the app, since the image from the app cannot itself be trademarked and incorporating it into your logo design would be derivative use requiring permission from the app company if they do not give that permission in your license of the app.

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