intellectual-property, copyright, trademark, logoThere’s a lot of web resources which allow to download and use free icons&images.
So, I’m interested wheither I’m allowed to use®ister such icons as a company logo? Let’s say I’m building a video resource and I’d choose a free and primitive vector “camera” icon for it’s logo. Am I allowed to register it as company logo in this case?
Will it give a difference to add specific color background to the logo or credit the author usually for ~$10 as it offers the resource?
There’s a lot of versions of trivial objects like houses that’s why there’s much sense to use existing ones rather to draw an own ones.
You can use any Vector Icon as a Logo as long as it’s Free Under Creative Commons license. But you must be considering making modifications to it in order to reflect your branding. Since original icon will be downloaded by thousands of other users, so better if you can get it modified, make it a unique identity and register it.
You say you would like to “use & register” free icons as logos.
I am focusing on the word “register” and thus think you are asking about a Trademark (which differs from Copyright or Patents).
You can trademark any picture - in the US, I believe they recently changed laws to permit you to register 3D pictures - the first being the original Coca Cola bottle (I might be wrong but believe I am right).
You can trademark whatever you like so long as it is yours (thus icons provided under “Creative Commons license” are already owned and there are legal rules governing usage described in the license which generally imply you can use them no more nor less restrictively than the next person).
I believe some countries and states have rules against pictures/icons that might be considered tasteless. Since tasteless is open to interpretation and many different definitions, I’ll trust you won’t test this qualification.
The trademark will stand unless challenged. Someone might challenge it because they have proof they have been using it or something considered similar to your design before you (even if you did not know).
Slight variations can also be challenged. Orange is a cell phone carrier in the UK, and EasyJet are is a UK budget airline and both have sued each other over who has the right to the colour orange in their branding. Dove shampoo and Cadbury/Kraft I believe are also arguing about the colour they use in their branding.
And, just because you register it as a trademark in the US, it does not mean its recognised worldwide.
Think Apple (iPad) and Apple Records (the Beatles) and their usage of a green apple. Both have argued for years in the courts. Depending on where you are in the world, some courts say they are in different businesses so they are both allowed to use it. Other countries rule The Beatles had it first.
Its a huge area, and lawyers make a fortune on this.
Roughly speaking, yes, you can trademark what you want - and the trademark might be accepted, and it might be fine for a year or ten years until someone else discovers that its a slight variation twist on their trademark which they have had since 1910 and if the court agree’s you could be forced to change. A penalty might be awarded against you, in favour of someone else especially if the winner can prove that you did not take adequate steps to proof no infringement.
I hope that helps.
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