![]() The second requirement is “ use in commerce“. We already discussed distinctiveness in that your trademark must be unique. To be registered with the USPTO, a logo must meet two criteria. ![]() There’s another reason to use Canva to protect your logo. As long as you stick to those and don’t add any non-exclusive material (like stock photos), you should be able to create a conceptually registrable logo in Canva. The platform offers a wide range of free line and shape options that you can use to build and customize your logo. First, you can use the program to design a trademark from scratch. There are two ways that Canva can be used in the creation of a trademarkable logo. When You Can Register a Canva Logo as a Trademark While you’re prevented from trademarking those you made with a template, there is room for creative freedom in the program. That does not mean you can never trademark a logo you created in Canva. Consequently, you can’t use them as the basis for a trademark and meet the distinctiveness criteria. While Canva’s logo templates are customizable, they’re also the property of Canva. All individuals interested in registering a trademark are expected to search for potential conflicts using the Trademark Electronic Search System before submitting an application. If it’s too close a match to something else, then it won’t pass the test. The United States Patent and Trademark Office requires that registered trademarks be distinctive, meaning that the design could not be mistaken for another brand in the same industry. Any logo you created would not be unique enough to pass the first trademark requirement: distinctiveness. The designs belong to Canva and are available to the public. Unfortunately, you can’t trademark a Canva logo when using one of these templates. One thing that the platform offers is logo templates. Canva is a low costplace to start because it offers a jumping-off point for someone who doesn’t know graphic design but still wants to consider their options. They may struggle to come up with graphic design ideas on their own. Just because someone has a great business idea doesn’t mean they’re an artist. Why You Can’t Trademark a Template-Based Canva LogoĪs Canva is easy to learn, it’s a popular choice for individuals who are just starting to get their business off the ground. Whether or not you can pursue IP protection will depend on how you made your logo. There are some instances where a logo you created in Canva can be trademarked, and others where you cannot. The answer in just about all cases is “it depends.” That’s why often, we get the question “Can I trademark my Canva logo?” from our clients. Canva, an Australian graphic design platform, is one of those tools that new businesses like to use. Whether you’re embarking on a marketing campaign, looking to set up an e-commerce website, or creating your logo, it seems there’s something for everyone. Contact me now to get started.There are a lot of great, low-cost tools out there for aspiring business owners today. We’ve got you covered with our all-inclusive trademark registration package. And if you are still getting your business started, you can file that intent to use application in order to get a little extra time for you to start using it actively in commerce. It basically gets you first in line in priority of using that trademark, assuming no one else has already used it. So, simply put, the sooner you can file a trademark application, the better off you are. So, even if your business is not actively started yet, you can, in most cases, still file that intent to use application to get a head start on that trademark registration. So, that will buy you some time in being able to actively use that trademark in commerce, but still getting that protection if your trademark is ultimately registered. It means that you are intending to use whatever the trademark is. However it is an “intent to use” application… and it is exactly what it sounds like. If you’re not quite there yet, for example, maybe all you have so far is a great logo, you can still file an application for the trademark. So, if your business is already established, i.e., you have a website or marketing materials using your business name or logo that you are trying to trademark, then you are actively using it in commerce and that will work in your favor when you try to get it registered. To register a trademark, you do have to be actively using whatever the trademark is in commerce.
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