When designing a logo or brand graphic, you might assume there’s little risk of intellectual property (IP) infringement—after all, there are countless ways to create a visual design. However, infringement isn’t limited to words; visual elements can also violate IP laws. That’s why conducting a thorough search, ideally using the USPTO trademark database, is crucial before finalizing a design.

The Meghan Markle vs. Porreres Logo Dispute

A recent case highlights this issue: Meghan Markle’s new brand, As Ever, features a logo with two hummingbirds around a tree. The design closely resembles the coat of arms of Porreres, Spain, which dates back to 1370 and depicts two swallows flanking a palm tree. While no legal action has been taken yet, Porreres’ mayor has urged Markle to change the design due to its cultural significance. Markle’s lawyers insist they conducted a thorough IP search, but a strong argument could be made that the logos are too similar.

Why Logos Face Stricter IP Rules

Unlike words or phrases, which can sometimes coexist as trademarks if they operate in different industries, visual graphics must be unique to prevent customer confusion and protect original artistic creations. If a logo was designed by an artist, it may qualify for copyright protection, making unauthorized use a serious legal risk.

Legal Protections for Logos & Designs

While Porreres’ coat of arms isn’t copyrighted, legal arguments could be based on the Paris Convention for the Protection of Industrial Property, which prohibits trademarks incorporating official emblems and government symbols without permission. Whether the town pursues legal action remains to be seen, but this case underscores the importance of verifying design originality before launching a brand.

How to Protect Your Brand’s Logo

To avoid legal disputes and IP conflicts, follow these steps:

✅ Conduct an IP search using the USPTO trademark database.
✅ Ensure your logo is unique and clearly distinguishable from others.
✅ Understand copyright laws and how they apply to graphic designs.
✅ Consult legal experts to avoid costly mistakes.

At Mindful Counsel, we help businesses navigate IP law, trademark registration, and copyright protection. Whether you’re designing a new logo or defending your brand, we’re here to guide you.

 Guest post by Cameron Pickle, Associate Law Clerk

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