Trademark Registration of Logos
While registration is not required to utilize a logo, doing so provides benefits both in protection of the logo and in prevention of attack for the misuse of another's logo.
Schools may be wise to take the steps necessary to register their logo as a trademark. Registration is a necessary step in preventing non-school groups and individuals from using that logo without permission, such as in ways that may be contrary to the school’s mission and goals. For example, imagine a parent or community group upset with District policies using the school logo on its social media page. This may create confusion–causing individuals to believe this parent or community group is actually associated with or endorsed by the District. There are other types of misrepresentation that could occur as well. In Pennsylvania, a candidate for a school board used the District logo in campaign materials. It is easy to see how this could cause community members to believe the District had somehow endorsed the candidate or the candidate’s platform.
The registration process is relatively simple and inexpensive. First, a search of the Illinois Secretary of State Trademark/Servicemark database must be conducted. Provided that search comes back clear, there is a form available, Form TM/SM-15, to complete. This will be filed along with a $10 application fee.
Schools should be aware that their logo needs to be unique. School districts nationwide have faced threats of litigation for using replica logos of colleges and universities. For example, Florida State University contacted a middle school and elementary school to request they cease using the Seminole head and spear logo. Penn State told a high school in Texas to change their cougar logo that looked like the Penn State Nittany Lion. The University of Texas demanded alteration of a Kansas high school’s logo that was similar to the Longhorns’ logo. The University of Florida sent cease and desist letters to four high schools with Gator logos similar to that of the University’s.