There’s good reason to trademark a logo, even if it’s so distinctive you can’t imagine anyone copying it. Trademarking your logo provides you legal protection against competitors using your logo, product, slogan, tagline, or business name. Read on for everything you need to know about how to trademark a logo, from applying for and securing a trademark to how and where to add a trademark to your logo to protect your brand.
What exactly is a trademark?
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 is a different story. When you register your trademark with the USPTO, you broaden your legal rights, allowing you exclusive rights over your trademark throughout the entire United States (international rights are also available via a more extensive application). With a registered trademark, 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.
Why it’s important to trademark a logo.
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.