How can I find out if a specific logo is protected?
June 6, 2024 | 40,00 EUR | answered by Chloé Tressel
Dear lawyer,
I recently designed a logo that I would like to use for my start-up. However, before I publicly present it, I want to make sure that the logo is not already protected. I have researched online, but could not find any clear information. Now I am worried that I may be infringing on copyright if I use the logo without permission.
Can you please tell me how I can find out if the logo I designed is already protected? Is there an online database where I can check? Should I hire a lawyer to conduct a comprehensive search? I want to be on the safe side and avoid any legal issues, so I am very interested in learning all possible solutions to ensure that my logo is free of copyright.
Thank you in advance for your help and support in this matter.
Kind regards,
Lukas Pilz
Dear Mr. Pilz,
Thank you for your inquiry regarding the protection of your self-designed logo for your start-up. It is understandable that you want to ensure that your logo is not already protected in order to avoid possible copyright infringements. In the following, I will provide you with some important information and options on how you can find out if your logo is already protected.
First of all, it is important to know that copyright is automatically created once a work such as your logo exists in a concrete form. It does not need to be explicitly registered with the office or otherwise protected. So, if you have designed your logo yourself, you are already the author and automatically have the rights to this work.
However, it may still be useful to conduct a search to make sure that your logo does not unintentionally resemble an already protected work. There are various options for this:
1. Online research: You can search online for similar logos and check if they are already protected. For this, you can use databases of the German Patent and Trademark Office (DPMA) or the European Union Intellectual Property Office (EUIPO), for example.
2. Legal research: If you are unsure or cannot find clear information, it may be useful to hire a lawyer to conduct a comprehensive search. A lawyer can also help you assess potential risks and take measures to secure your logo.
It is important to emphasize that it is not only about whether your logo is already protected, but also whether it may resemble an older protected right and thus create a risk of confusion. In this case, you could encounter legal problems even if your logo is not identical to a protected work.
Therefore, I recommend conducting a thorough search and seeking legal advice if necessary to ensure that your logo is free from copyright. I am happy to assist you if you have any further questions or need support.
Best regards,
Chloé Tressel
Copyright Lawyer
