How to trademark a logo

Now that you’ve put in the work to create the perfect logo for your business, it’s time to trademark it. And if you’re not sure of how to trademark a logo, then you’re in the right place. We’ll cover how to check if your logo can be trademarked, as well as each step of the trademark process. 

Let’s go.

Disclaimer: This content should not be construed as legal or financial advice. Always consult an attorney or financial advisor regarding your specific legal or financial situation. 

How to trademark a logo in 4 steps

Trademarking a logo can seem daunting at first glance, but it’s a process that can be completed in as few as four steps. Read on for a deep dive on each step.

1. Check if you can trademark the logo

First up, you’ll want to make sure that your logo should be trademarked. As a business, if you create a logo for your business and begin using it, your logo will automatically be assumed to have common law ownership. This provides limited legal protection to your business. 

However, it’s important to keep in mind that these legal protections are limited to a specific geographical region. So if your business will be operating nationally, then obtaining a trademark is recommended. 

If you’re planning on doing business nationally, then you can move on to the next part of this step: checking for existing trademarks. This step is important, as you won’t be able to trademark a logo that is either too similar to another already-trademarked logo or too generic.

To check if your logo is unique, you’ll need to use the trademark database through the United States Patent and Trademark Office (USPTO). 

Tip: The USPTO trademark database is complex, so if you’re new to the trademark process, it may be a good idea to hire a trademark attorney to help with this part of the process.

Need help making a unique logo? Try our logo maker and create a logo tailored to your business.

2. Prepare your application

Once you’ve ensured your logo meets the requirements, it’s time to prep your application. Here's the information you'll need to gather for your application:

1. Applicant information:
   1. Applicant's legal name: This is the individual or entity that will own the trademark. It should be consistent with legal documents.
   2. Applicant's address: A valid mailing address is required for official correspondence.
2. Logo image:
   1. High-resolution image file: You'll need a clear, digital version of your logo in a format accepted by the trademark office (e.g., JPEG, PNG).
      1. Keep your logo colors in mind. If you’re trademarking the color version of your logo, any future changes to your color scheme will require a new trademark. Trademarking a black-and-white version, however, will allow you to add or change colors without acquiring a new trademark.
3. Goods and services:
   1. Identification of goods/services: Your logo must clearly and specifically list all the goods and services it represents. 
   2. Class selection: Trademark offices categorize goods and services into classes. You'll need to identify the correct class(es) for your goods/services.
4. Dates of use:
   1. Intent to use or use in commerce: Are you currently using the logo in commerce, or do you plan to use it soon? This distinction impacts the application basis and deadlines.
   2. First use date (if applicable): If you're already using the logo, you'll need the exact date of first use in commerce and a high-quality image of your logo in use.

For more detailed information on what will be required for your trademark application, you can refer to the USPTO documentation for the full application process.

3. File the application to USPTO

With your application information gathered and processing fee in hand, you’re now ready to file. The filing process can be completed online using the USPTO Trademark Electronic Application System (TEAS).

After submitting your trademark application, the USPTO reviews it for completeness and assigns it a serial number. An examining attorney then reviews your application for potential conflicts with existing trademarks and legal compliance.

During this review process, you may receive an office action requiring corrections or clarifications. You’ll need to respond to this office action within three months (with the option to extend this deadline by another three months for a fee). 

Once your application review is complete, your mark is published for opposition in the USPTO Official Gazette, allowing others to challenge your registration. If there’s no opposition to your trademark, then your registration will be complete.

There are a couple of important notes that you’ll want to be aware of during this process:

• Timeframe: The entire process can take 12-18 months or longer, depending on the complexity of your application and any issues that arise.
• Legal assistance: While you can navigate the process yourself, consulting with an experienced trademark attorney is highly recommended, especially if you receive an office action or face opposition. They can help you respond effectively and protect your rights.

4. Maintain your trademark

Congrats on earning your registered trademark! At this point in the process, you’re now responsible for maintaining your trademark. Here’s a quick run-down on how that works:

Use it or lose it

The most important part of trademark maintenance is showing continuous and genuine use of your mark in commerce. This means using the mark in connection with the goods or services for which it's registered.

Use can include things like:

• Displaying the mark on product packaging, labels, or tags.
• Use the mark in advertising, marketing materials, and on your website.
• Using the mark in business communications and invoices.

File required documents

To keep your trademark registration active, you must file a Declaration of Use (Section 8) with the USPTO between the 5th and 6th year after registration and every 10 years after that.

Monitor and enforce

You’ll also need to monitor the marketplace regularly for any unauthorized use of your trademark. If you discover potential infringement, prompt and appropriate action is essential. This might involve sending a cease and desist letter, pursuing mediation, or filing a trademark infringement lawsuit.

Copyright vs. trademark

When it comes to logos, while both copyrights and trademarks offer legal protection, they cover different aspects. Here’s a quick explanation of how they differ:

• Copyright: Protects the artistic expression of your logo. Think of it as safeguarding the creative work itself. Copyright applies automatically once the logo is created, but registering it with the US Copyright Office provides legal advantages, especially when enforcing your rights.
• Trademark: Protects your logo as a brand identifier. It prevents others from using a confusingly similar mark for their goods or services within the same industry. Trademark protection requires registration with the USPTO.

Here's a simple analogy to explain the difference. Imagine your logo is a unique sculpture. A copyright protects the sculptor's creative expression in the sculpture itself, while a trademark protects the sculpture as a symbol representing the sculptor's brand.

In essence:

• Copyright: Prevents copying the logo's artistic design.
• Trademark: Prevents using a similar logo to create confusion in the marketplace.

Ideally, you should seek both copyright and trademark protection for your logo for a more comprehensive legal coverage for your brand identity. And, if you hire an artist to create your logo, be sure you’re also purchasing the copyright.

How to trademark a logo for free

For trademarks, only a common law trademark would be free. Registered trademarks do require a fee. Let’s discuss common law trademarks a bit further. 

Common law trademarks

A common law trademark automatically protects distinctive marks like brand names, logos, or slogans used to identify goods or services in commerce. This protection occurs simply by using the mark within a specific geographic area and establishing a reputation. 

Unlike registered trademarks, common law trademarks offer limited protection and are restricted to the area of active use. 

This means someone else could use a similar mark in another region without infringing on your rights.

For example, imagine you open a bakery called "Sweet Delights" in your town. You start using the name on your storefront, website, and cake boxes. You haven't registered the name, but you've established a local reputation. This gives you common law trademark rights in your area. However, someone in another state could open a bakery with the same name without infringing on your rights.

Benefits and limitations

Now that we’ve explained common law trademarks, let’s quickly review some of the benefits and drawbacks.

Benefits:

• Automatic and free: The most significant benefit is that you’re automatically protected regionally simply by using your mark in commerce. There are no registration fees or paperwork involved.
• Provides some legal protection: While limited in scope, it does give you a legal basis to stop others from using a similar mark in your geographic area.
• Stepping stone to registration: Using your trademark can help establish the "use in commerce" date needed for a later trademark application.

Limitations:

• Limited geographic scope: Protection only extends to the geographic area where you actively use the mark and have built a reputation.
• Difficult to enforce: Proving ownership and first use can be challenging and often requires quite a bit of evidence.
• Vulnerable to legal challenges:  Your trademark rights can be challenged if someone else can prove they used the mark first, even if it was in a different geographic area.
• No nationwide protection: This leaves your brand vulnerable to trademark infringement in other parts of the country.

Logo trademark FAQ

How much does it cost to trademark a logo?

The cost to trademark a logo varies depending on several factors, but you can expect to pay between $250 and $750 per logo mark per class of goods or services when filing electronically with the USPTO. Remember that you can incur additional costs via office actions, opposition filed by third parties, or potential attorney fees during registration.

Can you trademark a name?

Yes, you can trademark a name, but it must meet certain criteria to be eligible. A trademark protects brand names, logos, and other identifying marks that distinguish your goods or services from others in the marketplace. 

To be trademarkable, a name should be:

• Distinctive: It should be unique and not easily confused with existing trademarks.
• Not descriptive:  The name can't merely describe the goods or services offered (e.g., "Delicious Cookies" for a bakery).
• Available for use: You must be the first to use the mark in commerce in your industry.

It's best to consult a trademark attorney to determine if a specific name is eligible for trademark protection.

Is it better to copyright or trademark a logo?

It's not a matter of "better," but rather which legal protection is appropriate in your case. Both copyright and trademark can protect logos, but they serve different purposes. 

A copyright protects the artistic expression of your logo. This means someone can't directly copy your logo design. Meanwhile, a trademark protects your brand by registering your logo as a brand identifier for your goods or services. This prevents others from using a similar logo, which could confuse the marketplace.

In most cases, trademarking your logo is more valuable for businesses as it offers broader protection against competitors. However, securing copyright protection can be a good first step and may be enough for non-commercial uses. 

How long does it take to trademark a logo?

The trademark registration process can take anywhere from 6 to 18 months, sometimes even longer.  This timeframe depends on several factors, including the backlog at the trademark office, the complexity of your application, and whether any issues arise during the review process.