In Short
- Fonts and typefaces can be protected under trade mark law if they are used to identify and distinguish the commercial source of goods or services.
- Registration of a font as a trade mark involves demonstrating its distinctiveness and association with your brand.
- Properly managing intellectual property rights can prevent infringement issues.
Tips for Businesses
When using a font or typeface as a trade mark, ensure it is distinct and consistently associated with your brand to qualify for protection. Conduct trade mark searches to avoid potential conflicts and consider registering the font to strengthen legal standing. Proper management of these rights can safeguard your brand identity.
A distinct logo can be a crucial aspect of brand identity for your business. Customers use them as a visual symbol to recognise your brand, and you should not overlook their potential to influence the market. When developing your logo, font and typeface options will likely be a key consideration, and for good reason. While a distinct logo is essential for brand recognition, a distinct typeface can also become synonymous with a brand. For example, the Facebook typeface ‘Klavika Bold’ is instantly recognisable.
Choosing a typeface can present a number of challenges, especially where you might want to use a well-known typeface. In these circumstances, you may need to obtain the appropriate licences and permissions first. This article will first discuss whether you can register fonts or typefaces as trade marks and whether you can use them in your logo trade mark.
Can You Register a Font or Typeface as a Trade Mark?
There are various forms a trade mark may take. For instance, some of these include:
- logos;
- numbers;
- letters;
- words;
- symbols;
- images;
- colours;
- sounds;
- shapes;
- smells;
- phrases; and
- slogans.
A font is the visual representation of various letters, symbols, colours, and designs. Since you can register shapes, numbers, and letters as trade marks, you might assume that fonts can be registered as well. However, this may not be the case.
While you can protect unique logos incorporating stylised text through trade mark registration, the underlying font is typically protected through design rights or copyright. However, in Australia, copyright protection for fonts can be limited, mainly covering the software implementation rather than the abstract design.
What is a Font Licence?
Fonts or typefaces are a graphic creation of a typographer and are, to a certain extent, a distinctive design. This design can form an essential part of a brand’s identity.
A font licence protects the typographer, or original creator of the font, from others using their work without their consent. Therefore, a font likely falls within the broader intellectual property categories of design or copyright. Fonts or typefaces, bought and installed directly onto your computer, are similar to software licensing rights. This means once you purchase a font, you purchase both the license and the right to use it. However, they often come with terms and conditions that the owner sets out.
Continue reading this article below the formUnderstanding the EULA
The End User Licence Agreement (EULA) is the legal contract between the software (or font) supplier and the customer. It outlines your rights and restrictions as the customer when using the software.
You agree to the EULA when you license a font for use. While many forgo reading this agreement, it will clearly outline the various restrictions and responsibilities of the user. For example, the available use of the font in a logo will most likely be outlined, which will incur extra costs. Therefore, it is vital to understand the specific language of the EULA that outlines this.
What Options Should I Consider?
Some options are available if your logo contains words and you need a font. We explore these options below.
1. Creating Your Own Font
Creating an original font for your logo and business needs can be a great way to avoid the headache of licensing an existing font.
2. Using Fonts Included in Software
Depending on your software, some fonts may already be included. Ensure you are familiar with your EULA and the licensing agreements of each font and foundry you use. For example, according to Microsoft, you can use any of their fonts in your logos, provided you are not using an application licensed for non-commercial use. They do not restrict you from using their fonts in any commercial capacity.
3. Use an Open-Source Font
Often, you can use these fonts commercially, where the conditions of usage and redistribution are built into the licence. The most common licence is the SIL Open Font Licence, an open-source licence for fonts and similarly related software. It allows typographers to release fonts under a standard licence and businesses to use them commercially.
4. Do Not Fall for ‘Free Fonts’
It is essential to know the source from which you get your fonts. While many seek their fonts from free websites, this can often create problems when you unintentionally take a font that may have been stolen in the first place. Using such a font would also be using it in an unauthorised capacity.
This guide explains the essentials of trade marks and the steps required to register a trade mark.
Key Takeaways
Apart from the name of the font, you cannot register a font as a trade mark. However, if you have used a font or typeface in your logo and wish to register this logo as a trade mark, you will need to obtain permission from the font owner for this use.
If you have any questions about using a font or typeface as a trade mark in your logo trade mark, our experienced trade mark lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.
Frequently Asked Questions
Trade mark registration provides several benefits for your trade mark. These include protection from others using your mark, the right to exclusive use, and enforcement rights against others using your trade mark. Furthermore, it increases the value of your business to register your trade marks and is attractive to potential investors if you have registered your trade marks.
Checking the EULA (End User License Agreement) is essential, as it often details what you can and cannot do with the logo once it has been generated. It is advisable not to use an app to create your logo, as you are often restricted in how you can use it and in preventing others from using similar images. For example, the popular design application ‘Canva’ explicitly states that users cannot register any Canva pre-made designs as a trade mark. If you wish to use Canva to design a logo, all elements must be created by you.
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