Question
We developed a mobile app which proved successful in initial "field tests", so we made it available online. After a couple of thousand downloads, we would like to register the logo and the name for the app as a trademark. We originally didn't expect any significant success of the app so we didn't register any rights, but the way things are now we decided to commercialize it. For the logo, part of it comes from a library of free vector icons which was distributed under a Creative Commons license. Can we register it as a trademark?
Answers: 2 public & 2 private
You can only register a logo if you own the right of reproduction of it.
By registering the logo, you will not acquire the exclusive right on it, as long as it was not linked to your image before.
In clear, this is a bad idea, as usually free logo, are not free for all utilization you can do with, but only through a license you have right to use it for some use.
Free logo or public domain remain limited to private use and you cannot build your communication and your company image on something that can be used by other for something else and if you cannot track clearly the owner of the free logo, you could face litigation for infringement.
Best way is to keep the general idea of the logo, and then to pay a designer to do an original one, to have a transfer of the intellectual right for commercial use and then to be able to sleep in peace.
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