Copyright logo with font from adobe library

[grega99503882]

Hello. I want to apply for a trademark. The easiest way is to use adobe fonts for the logo, but I'm not sure if I can use Adobe fonts on my logo and copyright it. The license page says I can, but then it recommends to read the terms of use under the font, but not every font has that information and some like the one I want to use just links to the site of the creator where he sells the font. So I'm confused. Can I use the fonts or I have to buy them from the creator. This is the font I want to use https://fonts.adobe.com/fonts/felt-tip-woman

[Tarun Saini]

Hi @grega99503882,

Have you checked this article: https://helpx.adobe.com/fonts/using/font-licensing.html#act-img?

Regards,

Tarun

[grega99503882]

Thank you Tarun. I read that articicle before, but it's not 100% clear. I'm used to reading contracts, so I find some of the wording a bit too open to interpretation.

[Abambo]

What is not 100% clear?

Can I use the fonts to create a logo or other images?

Yes. You can use the fonts in any desktop program (such as Adobe Photoshop) to create images or vector artwork, which you can then use for any purpose. This includes generating a PDF, EPS file, or bitmapped file such as a JPEG or PNG.

Can I copyright the logo or register it as a trademark?

Yes. The logo may be copyrighted or registered as a trademark under the Terms of Use.

I think that you can't be barely more affirmative.

[grega99503882]

if you read the creators profile it states "Visit creator's website to purchase additional licensing and services", when I click on the website, the font I want to use has a fee and to use it in a logo, I have to email the creator. So that FAQ page might say one thing, but the redirected link says another. That's the confusing part, I don't do stuff if it's not 100% clear. 

[Bobby Henderson]

Technically speaking, if you convert the live font-based lettering into raw vector outlines in the final design you should be alright. However, if you're doing nothing more than creating a "word mark" -a logo that is nothing more than just lettering from a pre-existing computer font file, then there could still be a slim chance of legal risk.

Typeface designers can't copyright a letter shape, but font files are computer software that is protected by copyright. While there are lots of copycat fonts of typefaces like Helvetica the copycat versions cannot be 100% identical. If you set a string of text in Linotype's version of Helvetica (or Monotype's Helvetica Now) then set copies of the text string in Bitstream's "Swiss 721 BT" or URW's "Nimbus Sans" and then line the text strings on top of each other the letters would not match exactly even though they look like they're set in the same typeface. One type company can't simply grab another foundry's font files and then re-sell the same font files under another name. They have to re-draw the letters. A bunch of different versions of Futura exist and none of them match exactly.

It's pretty common for people who design word marks to start using a stock font file and then make subtle tweaks to the letters to make the design more custom, but to also set it apart from just being something from a stock computer font file.

[grega99503882]

Hello Bobby, thanks for the reply. I didn't understand "However, if you're doing nothing more than creating a "word mark" -a logo that is nothing more than just lettering from a pre-existing computer font file, then there could still be a slim chance of legal risk." I would just write the name of the business using that font, I wouldn't edit it or add anything else, that means I can't trademark that logo? Even if I outline the font? 

[Bobby Henderson]

When you talk about trademarking a logo made up of just words are you just meaning getting it protected by copyright or just being legally in the clear for using a stock font in a logo? If that's the case then you're all good for using typefaces synced from Adobe Fonts in logo designs. I would just convert the live font objects to outlines when finalizing the design.

Getting a logo protected as a registered trademark can involve some higher standards. A registered trademark needs to have proof of distinctiveness. A unique icon, such as Nike's "swoosh" symbol is a true logo. Letters assembled from an existing typeface are not so distinctive or unique.

[grega99503882]

oh ok, thanks for the clarification. Yeah I have to register a name for my business, but the registration office is asking for a logo. I was just planning to use a typeface as the logo. 

[Abambo]

oh ok, thanks for the clarification. Yeah I have to register a name for my business, but the registration office is asking for a logo. I was just planning to use a typeface as the logo. 

By @grega99503882

Get a logo designed by a professional (it will cost money, but it will be worth the investment). It will be nicer on your letter head, office door and business cards.

And maybe you should hire a legal consultant for the registration. There is a lot of knowledge involved in such operations, and errors can get fast expensive.

[Abambo]

Getting a logo protected as a registered trademark can involve some higher standards. A registered trademark needs to have proof of distinctiveness. A unique icon, such as Nike's "swoosh" symbol is a true logo. Letters assembled from an existing typeface are not so distinctive or unique.

By @Bobby Henderson

This is not quite true. Trademarks are about precedence and use and the risk of confusing with other marks. You can either protect the wording (as a word mark) or the appearance (as a figurative mark). And then there is the class (range of activity) in which you want to register the logo/trademark. “Henderson” is used as a trademark, so there may be difficulties to registering “Bobby Henderson”, if you would want to.

The strongest protection is given by a word mark, as the appearance is not playing a role. Nike's swoosh is protected as a figurative mark. Nike itself is protected as a word mark and with the swash as a figurative mark.

Registering a word mark will work, registering that as a figurative mark with a simple font (e.g. Times New Roman) will work too, in both cases if there are no oppositions. You can't, however, register dictionary words. There are exceptions to this. Shell, for example, is one. As a side note: If you want to register “AIR MIX” in class 25, you will get an opposition from Nike, as they have several prior “AIR” marks in that class.

As a side note, 2: It is not enough to register a trademark, you need also provide proof of use. And you will need to actively defend your trademark against other companies, wanting to register the same mark in the same class.