Imagine pouring years of hard work into building a recognizable brand, only to see a competitor copy your unique logo and use it as their own. This frustrating and costly scenario can be avoided by trademarking your logo. In this post, we'll walk you through how to protect your brand's identity and secure your intellectual property rights with confidence.
The United States Patent and Trademark Office (USPTO) defines a trademark as “any word, phrase, symbol, design, or a combination of these things that identifies your goods or services.” The USPTO goes on to say that a trademark “provides legal protection for your brand” and “helps you guard against counterfeiting and fraud.”
Notice the organization didn’t mention anything about trademark registration? That’s because you don’t need to register your trademark for it to be in effect. The minute you create and begin using any type of the above-mentioned intellectual property in representation of your goods and services (i.e., commercial pursuits), it’s technically your trademark, or your “mark” relating to your “trade.” Such trademarks are considered “common law trademarks.”
Here’s the catch: While you have some legal rights associated with an unregistered trademark, they’re limited to the geographic area in which you do business. If you’re operating in Tallahassee, Florida and a business like yours in Modesto, California happens to use the same name or trademark, you aren’t protected.
A registered trademark broadens your legal rights. When you register your trademark with the USPTO, you gain exclusive rights over your trademark throughout the entire United States (international rights are also available via a more extensive application). These rights are in effect whether or not your logo includes a trademark symbol (®).
There is one caveat: Your trademark is only protected against companies that are offering products or services similar to yours. If you’re selling body scrubs in Tallahassee under the brand name “Brown Sugar” with a sweet logo to match and that Modesto company’s Brown Sugar company has the same name and a similar logo but is selling sugar, you don’t have the same protections.
Here’s why you need to trademark a logo: Whether you’re a startup, small business, or larger corporation, a registered trademark is important for business owners because it impedes others from operating as a brand that looks like you and offers goods or services similar to yours.
A trademark also gives you the ability to take legal action if someone is using your trademarked logo without your permission. Often, when you have a registered trademark, a simple cease and desist letter from an attorney can resolve any trademark infringement issues.
Whether it’s better to copyright or trademark a logo depends on your goals. Still, the two serve different purposes and can complement each other. Copyright protects the artistic design of your logo as a creative work, automatically safeguarding it from being copied or altered once it’s created and fixed in a tangible form. However, copyright doesn’t protect the logo as a brand identifier in the marketplace.
Trademarking, on the other hand, focuses on your logo as a symbol of your brand. It prevents competitors from using a similar design in ways that could confuse customers or dilute your brand’s identity. While copyright offers immediate protection for the creative elements of your logo, trademarking provides stronger and more comprehensive protection for commercial use. For the best protection, it’s often wise to leverage both: copyright your logo when it’s created and trademark it if you plan to use it commercially.
Review your trademark needs and complexity on the USTPO website.
Consult a trademark attorney if you need more guidance
Secure a federal registration online
Identify your goods or services listing from the Trademark Identification Manual
Provide additional statement about your trademark if required
Pay filing fee
When you’re ready to trademark your logo, securing a federal registration can be done online through the USPTO website. The registration process is straightforward, albeit a little time consuming for someone new to using their Trademark Electronic Application System (TEAS).
If you go through the trademark application process without the help of a trademark attorney, the only charge will be a filing fee. Filing fees vary depending on whether you file a “TEAS Plus” form ($250 per trademark class) or “TEAS Standard” form ($350 per trademark class).
The fee also depends on the number of classes you file for. Selling food and clothing under your brand name? That’s two different classes.
You can and should read through the details on the initial applications form page. It should provide you with all the information you need. But you may want to consult a trademark attorney if you’re unclear on the right direction for your business or need help ensuring your trademark is not already in use and is distinctive enough to be approved as a registered trademark. Essentially, the form you should use is the one you can meet the requirements for when you file for your trademark.
Later, when it’s time to renew your trademark, you won’t need to repeat the entire application process or figure out how to trademark a logo again. You’ll simply need to show that any existing trademarks are in use in commerce.
Now that you know how to trademark a logo, you can consider how to showcase your trademark in your logo. Even before you register your trademark with USPTO, you can ward off potential copycats by adding the symbols “TM” (if you sell goods) or “SM” (if you offer services) to your logo. Each is a declaration that you’re claiming your trademark.
Once you’ve registered your mark, you can switch to the almighty “®” symbol, which indicates federal trademark registration.
It’s not required for you to include any symbol in order to maintain trademark protection. It’s up to you whether you include one or not.
To include any trademark symbol in your logo, follow these two easy steps:
In the United States, trademarking a logo typically takes 9-12 months. After filing, the USPTO assigns your application to an examining attorney within 1-3 months, who reviews it for compliance and conflicts over the next 3-6 months. If approved, the logo is published in the Official Gazette for a 30-day opposition period, allowing others to challenge the trademark. If no oppositions arise, the USPTO completes the registration process. Delays can occur if there are errors, objections, or oppositions during the process.
When trademarking a logo, you can register it as a standard character mark or a special form mark:
For comprehensive protection, many businesses register both types.
A trademark initially lasts for 10 years from the registration date, but to maintain it, you must file a Declaration of Use between the 5th and 6th year to confirm the trademark is still in use. After the initial 10 years, you can renew the trademark indefinitely in 10-year increments, as long as it continues to be used in commerce and the required renewal documents are submitted on time. Failure to meet these requirements can result in the trademark being canceled or expiring.
Before you try to trademark your logo, make sure you have a strong logo design. It can include your company name, company logo, or both, but it should be distinctive and indicative of your brand identity. If your name and logo look like a similar trademark that’s already registered, your version is less likely to be approved. Plus, the point is to stand out.
Following are some tips for strong logo design:
Need to strengthen your logo? You can design a logo online for free with Adobe Express. Start at the beginning or tap any of the following templates to make them your own.
Understanding how to trademark a logo and actually going through the process is especially important as your business grows. The more successful you are, the more other companies will want to mimic you. Once you’ve gone through the process of trademarking your logo, you’ve got federal law on your side, so you can focus on other important company initiatives without worrying too much about trademark infringements.