In today’s digital-first world, graphic design platforms such as Canva and Adobe Express have become indispensable tools for entrepreneurs, startups and creatives. These platforms offer accessible, affordable ways to create professional-looking logos. But a critical legal question arises: is it possible to obtain trade mark protection for a logo you created with these platforms?
The answer is: for the most part, yes, but with some important considerations. Whether a logo is eligible for trade mark protection depends not just on how it was created, but also on its originality and distinctiveness and how it is used in the marketplace.
A trade mark is a symbol, word, phrase or design that identifies and distinguishes the source of goods or services. Logos are among the most frequently registered types of trade marks. Securing trade mark registration for a logo grants the owner exclusive rights to use it in relation to specified goods or services and offers legal protection against unauthorised use or infringement.
To qualify for trademark protection, a logo must be distinctive and not generic or descriptive; it must be used (or intended to be used) in commerce; it must not be confusingly similar to existing trade marks; and it must be original enough to serve as a unique brand identifier.
Graphic design platforms offer a wide range of tools such as fonts, icons, illustrations and pre-made templates. While these platforms are incredibly useful, they introduce legal complexities when it comes to determining whether a logo qualifies for trade mark protection.
Most platforms provide users with a licence to use their design tools and assets, but not necessarily exclusive ownership of the content created. If your logo includes stock icons, illustrations or templates that are available to other users, the logo may not be considered original or unique enough for trade mark protection.
Many platforms make it clear in their terms and conditions that logos created using their templates or stock elements cannot be used or protected as trade marks. This is because the same elements can be used by countless other users, making your logo lack exclusivity and potentially infringing on others’ rights.
AI-powered logo generators present additional challenges, in that many agreements that govern the use of the AI tools contain irrevocable or perpetual licences that allow the free use of the content generated by both the service provider and its other users. This means that AI-generated logos carry higher risk of lacking distinctiveness; of being too similar to existing logos; and of including elements that are not licensed for exclusive use.
Another critical issue is the risk of copyright infringement, which can arise when a logo incorporates third-party content (such as stock icons, illustrations or fonts) without the appropriate rights or licences. Even if a platform allows use of these elements, this typically does not extend to exclusive use.
If a logo includes copyrighted material, you do not own or have not licensed appropriately, this could not only affect your ability to register the logo as a trade mark, but also result in legal claims from copyright holders.
Keep records of how the logo was created, including design drafts and sources of any elements used
Importantly, during trade mark examination, copyright issues may be flagged if your logo closely resembles a well-known copyrighted work or if there's evidence of unauthorised use of protected content. This can lead to refusal of registration or opposition proceedings.
If you plan to register a trade mark for a logo created on a design platform, follow these best practices:
- Avoid stock elements: don’t use icons, illustrations or templates that are widely available to other users.
- Create from scratch: use basic shapes, custom typography and original design elements to ensure uniqueness.
- Check licensing terms: read the platform’s terms of service to confirm whether you have the rights to obtain trade mark protection for your design.
- Conduct a trade mark search: consult a qualified trade mark attorney to carry out a comprehensive search using official databases. An attorney can identify potential conflicts with existing marks and assess the registrability of your logo, helping you avoid costly legal issues down the line.
- Document your process: keep records of how the logo was created, including design drafts and sources of any elements used.
If your brand identity is important to you — and it should be — investing in a custom, trade mark-eligible logo is a smart move. Whether you are designing the logo yourself or collaborating with a professional, the key is to ensure it meets legal standards. Doing so will help protect your brand and offer peace of mind in the long run. Legal guidance can help you navigate the complexities of trade mark law and increase your chances of successful registration.
Melissa Morris is an attorney at Adams & Adams specialising in trademark prosecution across the continent.
The big take-out: Be careful of using stock elements, pre-made templates and AI-generated content when designing logos, as these can make them ineligible for trademark protection.
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