Can you Trademark Logos Created in Canva?

Canva is perhaps the go-to DIY design program for online entrepreneurs and other modern small business owners.  Heck, it’s so good that many graphic designers use it too!  It’s digital drag and drop design tool that let’s designers and small businesses create swoon-worthy logos, templates, social media posts, and more.  It also offers pre-built logo templates.

After designing a killer logo in Canva, small business owners are often left wondering if they can register the trademark to prevent others from using the logo.  

So, can you trademark a Canva logo?  The answer, as it often is, is it depends.  As of the date of this article (May 2022), you may be able to register a Canva created logo as a trademark if you use the right types of tools in Canva and are otherwise eligible for United States Patent and Trademark Office (USPTO) trademark registration.

Canva Created Logos You CAN Trademark

Under Canva’s licensing agreements, creating an original logo using lines, shapes, and fonts from Canva’s free library is the only way to create a logo in Canva that may be available to trademark. An example of creating an original logo in Canva using their basic designs would be using a shape around user’s company name along with a font that is unique and creative while also capturing the company’s brand

If you comply with these requirements, you’ll have created an original logo that a trademark attorney can help you apply to trademark (so long as other USPTO requirements are met).   

Canva Created Logos You CANNOT Trademark

Canva’s stock content, like photos and graphics, and their logo templates offer amazing options and make designing a snap, but unfortunately, if you use these tools to create your logo, as Canva explains here, you cannot register it with the USPTO as a trademark because you don’t have have the exclusive right to use the logo.  

Canva grants a non-exclusive license to users to use the stock content and templates, and one of the prohibited uses under the license is “us[ing] any of the Content as part of a trade-mark, design-mark, trade-name, business name, or service mark.” Additionally, all users can use the stock content and logo templates in their designs, which makes the elements of your logo not exclusive or unique enough to obtain a trademark. An example of a Canva-created logo you cannot trademark would be using a stock photo or a pre-made template that the user is simply filling in their company information to create a logo.

Unfortunately, Canva is not currently offering services for users to purchase exclusive rights to graphics in Canva, but hopefully, we will see this service in the future.

Logos Created Outside of Canva

Users may also upload original logos created outside of Canva that are unique, original, and meet the trademark requirements to create branded content for their business. However, users should not upload any images you want to use as a trademark for public use on Canva but should instead keep these designs private.

A trademark lawyer is a great resource to evaluate your logo and make sure it meets the requirements of the US Patent and Trademark Office.  If you’re interested in registering a trademark for your logo or business name, sign-up for an introductory call with a practicing small business trademark attorney to learn more about how we can work together to make that happen.

Thanks to our former law clerk, Hailey Schimmel, for writing this informative trademark article.