Trademark- Business Logo Using Font Acquired for Free Commercial Use?

[wilsonxview]

What is the name of your state (only U.S. law)? California

 

[quincy]

Thanks for adding your state name. Do you plan on adding a question and more information, too?

 

[wilsonxview]

Thanks for adding your state name. Do you plan on adding a question and more information, too?

Hi quincy,

Thank you for your willingness to help. Please let me know if the level of specificity below will suffice.

I am at the business planning stage, the intent is to trademark the company name where the logo will be a font designed and offered by the author (from Italy) for free commercial use. Is that ok? Do I need any specific consent in writing prior to filing?
Do I need separate filings (name x font style design)? or Can I submit all in a single application.

Regards,
Wilson

 

[quincy]

Hi quincy,

Thank you for your willingness to help. Please let me know if the level of specificity below will suffice.

I am at the business planning stage, the intent is to trademark the company name where the logo will be a font designed and offered by the author (from Italy) for free commercial use. Is that ok? Do I need any specific consent in writing prior to filing?
Do I need separate filings (name x font style design)? or Can I submit all in a single application.

Regards,
Wilson

Thanks for adding more information, wilsonxview.

Just to make sure we are talking about the same thing here, when you say "font" are you referring to the letters and symbols and numbers used to make up text? Or are you referring to the software that allows your computer to print the letter or symbol or number?

The letters, symbols and numbers in text is actually the "typeface" and the computer file or program is the "font" that allows for the typeface to be created.

It is important to note that copyright laws can vary in significant ways from country to country. The font/typeface area is one area where differences are notable.

Many countries (including Italy) allow for copyright protection for both typefaces (as an artistic work) and fonts (the software). In the U.S., however, typeface is not protected under copyright laws as a general rule, unless the letters or symbols that make up a logo are part of a protectable design (like the Coca-Cola logo's stylized lettering). Fonts in the U.S. can potentially be protected as software.

 

[wilsonxview]

Thanks for adding more information, wilsonxview.

Just to make sure we are talking about the same thing here, when you say "font" are you referring to the letters and symbols and numbers used to make up text? Or are you referring to the software that allows your computer to print the letter or symbol or number?

The letters, symbols and numbers in text is actually the "typeface" and the computer file or program is the "font" that allows for the typeface to be created.

Thank for your comments. When I say "font" I am referring only to the selected typeface characters (letters, symbols and numbers) used to make up text, in this case "company name will be the logo". As an example let's say the company name starts with Z and has a total of 7 characters "letters only", the chosen typeface will be part of the brand strategy/identity printed in every product package, e-commerce, banners, etc. In some instances, the first letter "Z" could be be used alone or in combination with the full name, always using the same typeface design for brand consistency, commerce and customer recognition

 

[quincy]

Thank for your comments. When I say "font" I am referring only to the selected typeface characters (letters, symbols and numbers) used to make up text, in this case "company name will be the logo". As an example let's say the company name starts with Z and has a total of 7 characters "letters only", the chosen typeface will be part of the brand strategy/identity printed in every product package, e-commerce, banners, etc. In some instances, the first letter "Z" could be be used alone or in combination with the full name, always using the same typeface design for brand consistency, commerce and customer recognition

Thanks for the clarification, wilsonxview.

I can give you semi-answers to the questions you asked in your second post, but I am going to recommend you consult with an IP attorney in your area for a personal review of the specific logo you plan to use for your company, the original typeface and design of which you intend to have authored in Italy.

Because typeface is protectable under Italy's copyright law, you would be very smart to get a license from the author for the commercial use of the typeface in your logo, even if the author says he will offer you the typeface for free. The license can be tailored to fit your needs - and you can review your proposed uses of your logo with the attorney you see so s/he can help you tailor the license accordingly.

You will also want to have all rights in the finished logo design transferred to you by its Italian creator, so that you are free to do with it what you please - and the Italian creator of the design is not. Again, the attorney you see can help you with the transfer agreement.

While your logo/name can be registered as a trademark that identifies your products and your company, the design of the logo may not have enough artistic elements to be copyrightable in the U.S. The attorney you see can help you determine this better, of course, but logos using letters alone will generally not be original and creative enough to qualify for copyright protection in the U.S.

For additional information on trademarks, you can check out the United States Patent and Trademark site through the following link to a pdf file that goes over trademark "Basic Facts:" http://www.uspto.gov/trademarks/basics/BasicFacts.pdf

Good luck.