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A logo is a unique and valuable business asset that can leave a lasting impression on customers. Business owners who want to protect their brand and its unique identifier should consider trademarking their logo with the United States Patent and Trademark Office (USPTO). Although trademarking a logo is a fairly straightforward process, there are important considerations to take into account when trademarking a logo before, during, and after the application process.
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What is a trademark?
A trademark is a word, phrase, symbol, or image that is unique enough to be registered as a company's exclusive brand. Trademarking a logo gives business owners legal protection against counterfeiting, imitations, and fraud. Other businesses that offer similar goods or services face severe penalties if they use a design that resembles a trademarked logo, including foreign companies that import products into the United States.
How to Trademark a Logo
You can trademark your own logo by filing with the USPTO. Anyone with the authority to file can file online at the USPTO website if their business is primarily located in the U.S. If you are based outside the U.S., you will need to hire a patent attorney to file for you.
1. Determine if you need a trademark
Registering a trademark takes time, effort, and money, so it's important to first consider whether you need to register your logo with the USPTO. Once a business begins using a logo to promote and sell its goods or services, it automatically acquires common law ownership and the limited protection associated with it, but only if the business can prove it was the first to use the mark. Common law legal protection for a trademark only applies to the geographic region in which the business operates. If you want nationwide protection, registering your logo with the USPTO is a wise step.
2. Search for existing trademarks
Before applying for a logo trademark, it is important to search for existing trademarks that may be similar. If the submitted logo is likely to be confused with an existing logo for a similar product or service, your application may be rejected. Logos cannot be generic and should always be specific to your business.
On the USPTO website, use the Trademark Electronic Search System (TESS) to search for existing trademark logos. Some experts, including those who created the USPTO website, recommend that business owners hire an attorney or professional service to perform this search on their behalf. Attorneys are trained in special techniques to perform a more thorough search before filing an application. This is especially useful for graphic marks.
3. Prepare your application
The application process can be lengthy and complicated. It is important to ensure that each part of your application is correct before you submit it, as a small mistake can cause the entire application to be rejected and fees are not refundable. A patent and trademark attorney can help guide you through this process. An attorney can write your logo description using common language that the USPTO can understand, rather than someone new to the process. This can save you time and effort in the long run, especially if unexpected issues arise.
Please prepare the following information for the application process:
• The name, address, and personal information of the entity applying for the trademark. This can be an individual or a corporation. (Note: individuals and corporations based outside the U.S. will need to hire an attorney to complete this process.)
• The product or service that the logo represents along with the class of goods or services for which you are registering the trademark.
• A JPG image file of the final version of your logo or design. If your logo is in color, we also need a description of the color and where it will be used.
• A “sample” JPG or PDF file of how the logo will appear on the product or service itself. (This only applies to applicants that are actually in commerce, i.e., applicants where the business owner is already selling a product or service using the specific logo.) If you plan to use the logo for a service at a later date, you will need to provide this proof later.
• Adequate funding
Also consider the final version of the logo: will it be in color or black and white? Many logos appear in color on products and marketing materials, and registering a color trademark only protects the logo when it appears in that color. If there are any changes to the color of the logo, the business owner must amend the original application or reapply for a new trademark. Trademarking a black and white version allows you to add or change colors without having to file a new trademark application.
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4. Submit your application
Filing can be completed on the USPTO website. The USPTO provides detailed instructions on how to navigate online filing depending on your filing option. Once your application has been submitted, you can check the application status using the Trademark Status and Document Search (TSDR). The USPTO recommends checking the status 5-7 days after the initial application was submitted, but there have been reports that if errors are found, processing could take several months.
After acceptance, your application will be assigned a serial number and a government trademark attorney. The examining attorney will review the materials and conduct a clearance search to ensure that there are no logos of similar goods or services that are similar to the applicant's. If the application meets all the legal requirements and there are no issues with the existing logos, the examining attorney will approve it for publication in the USPTO Online Journal. After the trademark is published, if no one objects, it will be registered.
However, if there are problems with your application, the examiner will send you a letter of opposition. You will usually have six months to submit a response correcting the issues outlined in the letter of opposition. If you do not submit a response, your logo will not be approved.
After your logo is approved
Once a logo is registered with the USPTO, the trademark owner has the exclusive right to use the logo within the approved class of goods or services anywhere in the U.S. The owner can sue for unlawful use of the logo and can file a motion to block foreign products bearing the logo from being imported into the U.S.
Business owners can set up a trademark watch with the help of an attorney or a specialized service that will continually monitor and investigate any illegal use of their trademark logo. For those concerned about fraud and misuse, such a service may be helpful in spotting such issues.
A trademark is valid for 10 years. Please note that within 10 years your trademark will need to be renewed.
Copyright and Trademarks
Copyright protects creative works such as books, movies, music, artwork, and computer programs. A copyrighted work must be in a “tangible medium” – something that consumers can see, hear, or use. It can't be an undocumented idea or a collection of common words. In contrast, a trademark is a distinctive phrase, word, symbol, or design that represents a company or brand that offers goods or services. It is usually used on marketing materials and product labels.
Logos are often eligible for both trademark and copyright registration. Copyright protects your original design from being copied without permission, while trademark prevents your logo from being used by competing businesses. Copyright is acquired automatically when a work is created in a tangible medium, but registration offers additional benefits. If you hire someone to create a logo for you, be sure to have a written contract that gives the copyright in the logo to your business. This allows you to control how your logo is used and reproduced.
FAQ
How long does it take to trademark a logo?
On average, it can take anywhere from several months to over a year for a trademark application to be processed and approved. If complications arise, such as a reexamination or amendment to the original application, the process may take even longer.
Can I trademark my own logo?
Yes, anyone can apply to trademark a logo online. However, experts often recommend that business owners hire an attorney or professional service to handle the process from start to finish to ensure that the application is properly prepared and that any complications that may arise can be properly addressed.
For businesses based outside the United States, filing may require the services of a U.S. patent and trademark attorney.
How much does it cost to trademark a logo?
The USPTO offers two filing options for individuals or businesses: TEAS Plus ($250 per class of goods/services) and TEAS Standard ($350 per class of goods/services). If the business owner chooses to hire an attorney or professional services, additional fees may be paid directly.
Are logos copyrighted?
Yes, a logo can be protected by both copyright and trademark. A logo is copyrighted as soon as it is created, but copyright owners can also register their logo with the U.S. Copyright Office.
Can I trademark my company name?
Yes. To trademark your company name, you will need to submit an application through the United States Patent and Trademark Office website. Similar to the process of trademarking a logo, trademarking a company name can also take several months. Therefore, it is generally recommended to seek the assistance of a professional such as a lawyer or legal services to ensure the process goes smoothly.
