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  1. #1
    Join Date
    Aug 2015
    Posts
    1

    Default When is a New Logo Too Similar to a Trademarked Logo

    My question is in regards to a company logo and copyright. I found a base image on google and made changes to it to create a logo. I am wondering if the image is acceptable to get trademarked, or it is too similar and needs to be changed.

    My logo is the one with the words iron monster.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Logo Too Similar

    Looks almost identical.

    Where did you get it, who does it belong to, what's it being used for?

    Was it just clip art?

    Read this:

    http://webclipart.about.com/od/msub67/a/copyrights.htm

    Especially the part that starts "One common myth..."

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Logo Too Similar

    You do not get an image "trademarked". You earn trademark rights by using an image in commerce as an identifier for your product or company. You can register, or apply to register a mark which provides some benefits though.

    And when is it too similar; when another entity sues you for trademark infringement and wins. Unless you have a lot of money to fight s trademark infringement suit the image being close enough they would sue you, regardless of whether they may win or not may be too similar.

    Also, unless the image you have came with s license that allows you to use the art for commercial purposes you would be infringing on the artists copyrights which could mean yet another law suit.

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