Can you use a logo if it's not trademarked?
Asked by: Carli Gottlieb | Last update: June 3, 2026Score: 4.4/5 (14 votes)
Yes, you can generally use a logo that isn't federally trademarked, but you still risk legal issues if it's confusingly similar to someone else's brand or infringes on their existing common law trademark or copyright; unregistered marks have some protection, so you must ensure your logo is unique, doesn't suggest endorsement, and doesn't create consumer confusion, ideally by conducting a thorough trademark search and creating something distinctive, though formal registration offers much stronger nationwide protection.
Can I use a logo that is not trademarked?
Logos are typically protected as trademarks, which means they are legally reserved for use by the owner to distinguish their products or services from others. If you're looking to use a logo that isn't yours, even if it's just for a single shirt and not for sale, you must be wary of trademark infringement.
What happens if I don't trademark my logo?
When a company does not trademark its name, it will not have these specific legal protections under the law. Someone else could use their logo, brand name, or other identifying marks without as much legal recourse. As a result, the dilution of a brand can also confuse consumers in the market.
Do you need permission to use logos?
Endorsement, trademarks, and agency logos
You also cannot use federal government trademarks or federal government agency logos without permission. For example, in general, you cannot use an agency logo or trademark on your social media page to suggest endorsement or sponsorship by the agency.
Can a company sue you for using their logo?
Using a competitor's logo in your marketing is a high-risk move that can easily lead to legal consequences. Trademark infringement, false advertising, and unfair competition laws all provide grounds for your competitor to sue if they believe your use of their logo is misleading or damaging to their brand.
Should I Trademark My Logo or My Business Name?
Can someone steal my logo if it's not trademarked?
If your logo is registered with the USPTO (U.S. Patent and Trademark Office), you have a strong legal foundation to stop others from using it. But even without registration, you may still have common law rights if you've been using the logo consistently in commerce.
Can I put a Nike logo on a shirt for personal use?
Don't use professional sports logos. Professional sports logos are trademarked and, therefore, cannot be used in custom apparel. Using sports logos without permission from the trademark owner might lead to a copyright and trademark infringement lawsuit.
Can I sell a shirt with a logo on it?
Well, this one is a straight-up no—you shouldn't put a logo on a shirt and sell it. Here's why: More often than not, logos are trademarked. Even if a logo isn't (or you're unsure whether it is), that still doesn't mean you're in the clear because most logos belong to a registered business, brand, or company.
What is the 3 month rule for copyright?
Copies of all works under copyright protection that have been published or distributed in the United States must be deposited with the Copyright Office within 3 months of the date of first publication.
How do I legally own a logo?
To obtain trademark protection in the United States, you must register your company's logo with the U.S. Patent and Trademark Office (USPTO). To achieve registration, your logo must be distinctive in design.
How much does it cost to trademark my logo?
Depending on the type of application, and the applicant's willingness to conduct future communications with the USPTO, the application filing fees are currently between $225-$400 per class. You must pay this fee for each class of goods and services for which registration is sought.
What is the rule 37 of trademarks?
Further, Rule 37 of Trade Marks Rules, 2017 states that an applicant for registration of a trademark may, whether before or after acceptance of his application but before the registration of the trademark, apply in Form TM-M accompanied by the prescribed fee for the correction of any error in or in connection with his ...
Is Taylor Swift's name trademarked?
Is the Taylor Swift name trademarked? Yes, the name Taylor Swift is trademarked. Taylor Swift trademarked her name in 2007 and currently owns more than thirty trademark registrations for her name.
How to avoid copyright infringement on a logo?
Before you file your trademark, do a trademark search to ensure that your logo truly is unique and not too similar to any others. A logo can be trademarked by registering it with the United States Patent and Trademark Office. Follow the prompts to fill in the necessary paperwork, provide copies as requested, and file.
Can I trademark a logo I made on Canva?
Creating logos you can register as a trademark
However, you can't use stock content (e.g. photos and graphics) as we only give you a non-exclusive license to this. Other Canva users are free to use the same content which means that using stock content for your logos isn't suitable for use in a trademark.
Can you sell items with college logos?
Most universities have a copyrighted and trademarked logo or name. This protects them legally against others selling items with their name or logo.
What is the new rule of copyright?
The Copyright (Amendment) Rules, 2025 mark an important shift in the way copyright licensing and royalty payments will function in India. The central idea behind the amendment is straightforward: payments made for using copyrighted works must move into a fully digital, traceable system.
How long is Mickey Mouse copyrighted?
Mickey Mouse specifically, having first appeared in 1928 in Steamboat Willie, entered the public domain in 2024, with other works following later in accordance with the product's date.
How serious is copyright infringement?
Criminal Penalties For Copyright Infringement
Willful copyright infringement can also result in criminal penalties such as up to five years in prison and fines of up to $250,000 per offense.
Can I print quotes on T-shirts and sell them?
Quotes can be trademarked if they're recognisable and mention famous characters. Everyone has the copyright to anything they write down, but it won't be protected if the sentence is short or generic. Also, most people won't bother pursuing you for using it on a T-shirt as long as it is properly attributed.
Can I put my company logo on a Nike shirt?
Add your logo to our large selection of Custom Nike Apparel including Golf polos, caps, bags, and more. Our large selection of custom embroidered Nike team apparel like shirts, polos, and jackets will give you the ability to treat your employees and clients to the best in name brand golf and executive logo apparel.
Can I sell handmade items with logos on them?
Selling things that have been licensed by the rights holders is fine, but not if the seller has created them without permission. Creative works like photos, images, characters, and logos are protected by combinations of copyright, trademark, and personality rights.
How to avoid copyright infringement with t-shirts?
Here are eight ways you can obtain art for your t-shirts without running into copyright violations:
- Create your own designs.
- Hire a designer or photographer.
- Alter existing designs.
- Check for copyright protection.
- Use public domain images.
- Purchase a license.
- Find royalty-free images.
- Purchase stock images.
Who owns the Swoosh logo?
The Swoosh is the logo of American sportswear designer and retailer Nike. It is one of the most recognizable brand logos in the world, and the most valuable. As of 2025 the Nike brand was worth $90 billion.
How much does it cost to have a logo printed on a shirt?
T-Shirt Printing Cost Depends on Order Quantity
When calculating your T-shirt printing cost, factoring in quantity is key. If you're purchasing a small number, you can expect to pay retail prices – think $20-$30 per shirt.