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  1. #1
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    Jan 2014
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    Default Using an Emblem or Logo That is Similar to a Trademarked Logo

    I am starting up a small, regional company and requested assistance from various logo designers to design a nice logo / emblem for our company. The logo designs that we really like are similar to a major company that has a well established operation internationally. You would recognize the name instantly if I were to disclose it. They, as we would like to do, employ a shield / crest as their logo on all of their vehicles; obviously, they're an automobile manufacturer. We are not involved in the automobile business in any manner / fashion.

    The basic outer shape and some design features within the emblem are similar, because you can only design a shield that looks right so many ways. There are noticeable differences - but also similarities - in coloration (theirs is gold / ours is orange and silver, both have red / black). Our inset images / graphics within the logo as a whole are completely different and distinct.

    We really like this design because it looks absolutely fabulous, but I'm concerned that we may be perceived as infringing on the other company's logo. I even went so far as to contact their US Legal Department to see if we could get an answer from them directly, but I'm still waiting on that. I don't know the chances of them even responding to me because they are so big and I'm a small fry.

    What are the possible implications? Are we so small that they wouldn't even bother with us? We don't sell vehicles, we simply investigative insurance claims in a tri-state area. NOnetheless, I don't want to get nailed with a lawsuit at some point down the road once we get underway either. I would prefer to avert any potential problems at the onset.

    Any input / advice is greatly appreciated.

    Thank you !!

  2. #2
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    Default Re: Using an Emblem or Logo That is Similar to a Trademarked Logo

    The chances aren't exactly zero percent, but I would not give you odds much greater than that of hearing back from the company.

    Without knowing the companies involved, without seeing the logos, and without having information about actual and intended uses, we're not in a position to tell you whether your use would infringe their mark. You'll need to share the facts with an IP lawyer.

  3. #3
    Join Date
    Jan 2014
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    Default Re: Using an Emblem or Logo That is Similar to a Trademarked Logo

    We deal with large insurance carriers; so I know the routine from legal. I figured my chances are slim that they might call me back, but who knows.

    Our image / logo will simply be used on business cards and our reports. Also for general marketing of our services (Investigations) at conferences / seminars, etc.. I could attach the emblem that was designed for us if you'd prefer ... not sure that's OK or not here ? New to the forum.

    Thank you for your reply. I am grateful.

    - - - Updated - - -

    Are there IP Lawyers available here who could look at our information and give us an opinion?

  4. #4
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    Default Re: Using an Emblem or Logo That is Similar to a Trademarked Logo

    That type of analysis and advice goes beyond what you can reasonably expect, let alone rely upon, from an Internet forum. It also contravenes the essential best practice for posting in a forum like this: Not disclosing your identity or sharing enough information about your situation that you can be identified.

  5. #5
    Join Date
    Feb 2014
    Posts
    1

    Default Re: Using an Emblem or Logo That is Similar to a Trademarked Logo

    Many a times it happen that you designed or created something on your own and later on you came to know that it resembles with someone else ideas,and that is not your fault.I suggest you should consult a reputed firm providing assistance of patent consultant which helps you patent your idea,also they better suggest the design of your logo which is unique and best describe your business,because they are better aware of the existence of such logos or content.

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