Logo and copyright

OCD Detailing

OCD Detailing

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We started our mobil detailing business a few months ago and used one of those online logo design companies. The logo was fine for the price but the type of design is something used a lot. Not the exact same but the overall type of logo. Before we get too intrenched with the design I think I want to do something different. I have been playing around with Adobe Illustrator and Photoshop.

I am curious if car emblems basic shape trademark protected? I'm not looking to steal a design but I have found a few that I like and was thinking of modifying the shape a little and everything inside the emblem would be totally different. On one hand I think they would be but on the other hand I can't see companies like Ford and Land Rover having trademarks on an oval, or BMW, Mercedes and Audi owning circles. The design I am leaning towards it more of a "Shield" or coat of arms type shape. Since those shapes aren't the common circle or oval I started to wonder if I was stepping over a legal line if I made a logo with a somewhat similar shape. Not exact, but similar.

I understand you can't give legal advice but your opinions and any legal knowledge you guys have would be appreciated.

Thank you
 
You are safe unless the plagiarism is egregious or you business gets big enough to be known outside of your county, or the business logo you stole belongs to a business that has an outlet in your county or that business has in its employ a company that regularly does trademark infringement searches of the www

But believe me, the Ford Oval, Audi Circles, etc are all Copyrighted
 
Spend $100.00 on a lawyer....save yourself $1000.00 in fines...IMO
 
JMP said:
Spend $100.00 on a lawyer....save yourself $1000.00 in fines...IMO
Click to expand...

Prob a good idea.

Regarding the previous response, I believe Ford and Rover trademark the design as a whole, not the geometric shape, If they have the shape trademarked then they should be suing each other.

I am looking at a shape, but beyond that everything in it and around it would be from me. But I may have jumped the gun. I was on my iphone at the time and having trouble finding much info on google that was related to my question. I appreciate the responses though.
 
GuruOfGloss said:
This is a good start to understanding intellectual property, trademarks and service marks. Trademark, Patent, or Copyright?
But your best bet is a trademark attorney.
Click to expand...

Thank you, I will check it out.

The creative process is so difficult to get started. Even if I free hand something it ends up shaped similar to something I have seen before. I don't know how not to be influenced by what I have seen.

But from my research online, the shape itself isn't what is trademarked, but the logo as a whole. In some rare occasions it said the shape could be a trademark. But I will draw something up and have an attorney look at it.

The way it has been going I may wake up tomorrow and hate the design. :buffing:

Thanks again.
 
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