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OCD Detailing
11-16-2014, 10:16 PM
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

allenk4
11-17-2014, 12:07 AM
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

JMP
11-17-2014, 12:35 AM
Spend $100.00 on a lawyer....save yourself $1000.00 in fines...IMO

OCD Detailing
11-17-2014, 01:36 AM
Spend $100.00 on a lawyer....save yourself $1000.00 in fines...IMO

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
11-17-2014, 02:22 AM
This is a good start to understanding intellectual property, trademarks and service marks. Trademark, Patent, or Copyright? (http://www.uspto.gov/trademarks/basics/definitions.jsp)
But your best bet is a trademark attorney.

OCD Detailing
11-17-2014, 12:08 PM
This is a good start to understanding intellectual property, trademarks and service marks. Trademark, Patent, or Copyright? (http://www.uspto.gov/trademarks/basics/definitions.jsp)
But your best bet is a trademark attorney.

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.