Forums: Design:

I have a question for you all.
When designing a logo, how can one be sure that the logo will not infringe on anothers work. Meaning, is there a place to find out if a logo that I have designed will get me (or my client) into trouble if someone deems it close to theirs.
I have not ripped anyone's design nor found any insiration for it anywhere, but with the magnitude of logos in the market, how can one be sure that stay out of trouble so to speak?

thanks
Cory

Intellectual property lawyers perform trademark search as part of the trademark application process. Prices vary, but you're looking at around 300 bucks US for just the trademark search part - though if you don't go all the way with registering your trademark, if someone else decides to register a similar trademark they can actually sue you even if you came up with the idea first. You will have to repeat this process for each area you want to register within, i.e.; US & Canada will take two separate trademark registration processes. It will probably end up costing you between 1-2k.

here's an example of what can/should be done short of paying for legal protection


technically, the client is legally responsible

however, performing your task of designing the logo with at least a bit of due dilligence in researching is IMHO a valuable part of the presentation of your design ideas... even if you simply tell the client you spent a half hour googling for examples for usage of their name or various logos which utilize elements your client may have suggested—I generally collect a bunch of examples and make a contact sheet.


much of this type stuff depends on the business

it is in your interest to do the least bit of searching which I described, simply so you don't end up wasting a bunch of your time... depends on the client too. for example, if the client has already done the legal search for name usage etc. you are a step ahead
hopefully they have secured and purchased domain names—and if they intend to grow, have them look beyond our own borders

the client is generally responsible for filing a trademark application... here's another example of the type of policy you might want to put together



another link with some good information to gleen for yourself, at least you'll be able to converse with your client and suggest things that they should do... the smaller the business, the more likely it will be that they ignore some of what you say to cover your ass

digital-trademarks.com/facts.html

Thanks Ari and Walt.