Here’s How To Protect Your Business Logo With A Trademark

Logos provide unique identifiers and leave lasting impressions with customers. Visual patterns provide value to brands and businesses globally—think of how effective images like Nike swoosh or the McDonald’s arches are in keeping these global brands in the minds of consumers.

Business owners who wish to protect a brand and its unique identifier(s) should consider trademarking a logo with the United States Patent and Trademark Office (USPTO). Trademarking a logo is a fairly straightforward process, but important considerations should go into trademarking a logo before, during and after the application filing process.

What Is a Trademark?

A trademark can be a word, phrase, symbol or image unique enough to register as a business’ exclusive brand. By trademarking a logo, business owners acquire legal protection against counterfeits, copycats and fraud. Other companies providing similar goods or services face harsh penalties for using a design similar to a trademarked logo, including foreign entities that import products into the U.S.

How to Trademark a Logo

A unique logo can be trademarked by registering it with the USPTO. Anyone can apply online on the USPTO website if the business for which they’re authorized to file is principally located inside the U.S. If based outside the U.S., a patent attorney will be required to make the filing.

1. Determine Whether You Need a Trademark

It’s important to first consider whether a trademark registration with the USPTO is necessary, since the process requires time, effort and money. Once a business begins to use a logo to advertise and sell goods or services, they automatically attain common law ownership and the limited protections associated with it—but only if the business can prove it was the first businesses to use the mark. Common law legal protection for a trademark only applies to the geographic area where the business operates. If nationwide protection is needed, then registering a logo with the USPTO is a wise step.

2. Search for Existing Trademarks

Before applying for a logo trademark, it’s important to search for existing trademarks that may bear any resemblance. An application may be rejected if the logo submitted is too similar to existing logos for comparable goods or services. Logos cannot be generic and should always be unique to the business.

Search for existing trademarked logos on the USPTO website using the Trademark Electronic Search System (TESS). Some experts, including those who wrote the USPTO website, recommend hiring an attorney or a specialized service to conduct this search on behalf of a business owner. Attorneys are trained in special techniques to perform a more thorough search before an application is submitted. This may be more beneficial with graphic marks as opposed to word marks.

3. Prepare the Application

The application process can be time-consuming and complex. Because applications can be entirely rejected for small errors and fees are not refundable, it’s important to ensure each part of an application is correct before submitting. A patent and trademark attorney may be helpful with guidance for this process. Lawyers will be able to write descriptions of the logo using language that’s common and understood by the USPTO better than beginners to the process. This can save time and effort in the long run, especially in the event of any unforeseen complications.

Prepare the following information for the application process:

•  Name, address and personal details of the entity filing for the trademark. This may be an individual or a business. (Note: Individuals and businesses who are based outside of the US will need to hire a lawyer to complete this process.)

•  Product(s) or service(s) the logo will represent

•  A JPG image file of the final version of the logo or design

•  A JPG or PDF file of a “specimen” that shows an example of how the logo appears on the product or service itself. (This only applies to applicants with actual use in commerce, meaning the business owner has already sold goods or services using the specific logo.) Those intending to use a logo for service later will be required to show this proof later on.

•  Appropriate funds

Also consider the final version of the logo. Will it be in color or black-and-white?.. While many logos are displayed in color on products or in marketing materials, registering for a trademark in color means that the business owner must amend the initial application or re-apply for a new trademark if any changes are made to the logo’s color. If a black and white version will be used, additional filing may be required.

4. File the Application

The application can be completed on the USPTO’s website. The USPTO provides detailed instructions on how to navigate the online application, depending on the filing option. Once the application is submitted, the application status can be checked using the Trademark Status and Document Retrieval (TSDR). The USPTO recommends checking the status five to seven days after the initial application is submitted, but reports indicate that the process may take months if errors are found.

After being received, the filing is assigned a serial number and a government trademark attorney. The examining attorney will review the materials and conduct a clearance search to make sure there aren’t any existing logos for similar goods or services that bear a resemblance to the applicant. If the application meets all of the legal requirements and there are no issues with existing logos, then the examining attorney will approve the logo for publication. However, if there are any issues, the examining attorney will send an office action to the applicant. The applicant must provide a response that corrects any problems listed in the office action, usually within six months. Failure to do so means the logo will not be approved.

After the Logo Is Approved

Once the logo is registered with the USPTO, a trademark owner will have exclusive rights to use the logo within the approved goods or services class anywhere in the U.S. The owner may sue for any unlawful use of the logo, and may file to stop foreign companies from using a logo to import counterfeit products into the U.S.

Business owners can set up a trademark watch by hiring an attorney or specialized service. The attorney or service will continuously monitor and search for illegal use of a trademarked logo. For those concerned with fraud or misuse, a service like this may be useful in catching such issues.

Trademarks last 10 years. Be advised that renewing a trademark will be required in a decade.

Copyright Vs. Trademark

A copyright protects creative works like books, movies, music or computer programs. The copyrighted work has to be a “tangible medium,” meaning consumers must be able to see, hear or use it. It can’t be an undocumented idea or common string of words. A trademark, to contrast, is a unique phrase, word, symbol or design that represents a company or brand that provides goods or services. It is usually used on paper, in marketing materials online or to label products.

Logos are often eligible for both trademark and copyright registration. Like with common law ownership of a trademark, copyrights are automatically earned upon production of a work, but registration adds benefit. A logo can be a piece of artwork created by an artist or designer, which may be copyrighted to protect it from illegal use. Artists usually sell the title to a copyright when they sell the logo to a business. The same logo can be trademarked if it represents a brand or company operating in a specific area or areas of business. Trademarking the logo prevents other companies that provide similar goods or services from using a similar or counterfeit logo.

Frequently Asked Questions