How to trademark a logo in 4 easy steps
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’ve also covered how to check trademark availability, so make sure you give this article a read, too.
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.
Quick start checklist
- Check for existing trademarks: Use the Trademark Search tool to search for existing trademarks.
- Prepare your application: Gather your business and logo information ahead of time to speed up the trademark application process.
- File your application to the USPTO: Apply online at the USPTO Trademark Center.
- Maintain your trademark: File your section 8 declaration between the 5th and 6th year of your trademark registration, then sections 8, 9, and 15 every 10 years thereafter.
Read on for a deep dive on each step.
1. Check for existing trademarks
First up, you’ll want to make sure that your logo isn’t already trademarked. Additionally, it’s important to decide if your logo needs to 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.
Common law ownership: The principle that trademark rights arise from actual use, not merely from registration, providing foundational (but geographically limited) protection for brand owners who have not pursued formal federal registration.
If you’re planning on doing business nationally, then a trademark will be important, and you can move on to the next part of this step: checking for existing trademarks. This step is key, 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.
Tasks to complete:
- Decide if you need a trademark. If you’re a hyperlocal business, you likely do not. If you plan to operate in a wider range, then a trademark is recommended.
- Check for existing similar marks. The USPTO has a trademark database for lookups. Check for similar registered marks and perform an image search.
Estimated time: 2-3 hours
Estimated cost: $0, unless you decide to hire a trademark attorney.
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:
| What you’ll need | More info |
|---|---|
| Applicant’s legal name | This is the individual or entity that will own the trademark. It should be consistent with legal documents. |
| Applicant’s address | A valid mailing address is required for official correspondence. |
| High-resolution image file of the logo in black and white | You’ll need a clear, digital version of your logo in a format accepted by the trademark office (e.g., JPEG, PNG).
It’s generally recommended to only submit black and white versions of your logo. If you’re trademarking the color version of your logo, any future changes to your logo 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. |
| Identification of goods/services | Your logo must clearly and specifically list all the goods and services it represents. |
| Class selection | Trademark offices categorize goods and services into classes. You’ll need to identify the correct class(es) for your goods/services. |
| 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. |
| 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.
Tasks to complete:
- Gather your documentation for your trademark application. This includes high-quality versions of your logo, full details of your goods and services, and intended dates of use.
Estimated time: 3-4 hours.
Estimated cost: $0
3. File your application to the 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).
Office action: An office action is an official letter sent by the USPTO (United States Patent and Trademark Office) to a trademark applicant, notifying them of legal problems or issues with their trademark or application that must be resolved before the trademark can be registered.
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:
- The entire process from application submission to approval can take 10-12 months or longer, depending on the complexity of your application and any issues that arise.
- 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.
Tasks to complete:
- Submit your application. You will need to submit your filing fees at the same time as your logo trademark application.
- Promptly respond to any office actions you may receive. You have three months to respond, but responding quickly will move the application process forward.
Estimated time:
- Application time: 15-30 minutes
- Processing time: 10-12 months
Estimated cost: $350 for TEAS application.
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 (also referred to as a section 8 declaration) with the USPTO between the 5th and 6th year after registration and a combined renewal form (sections 8 and 9) every 10 years after that.
Additionally, you’ll need to file a Declaration of Incontestability of a Mark under section 15 between years five and six of your trademark. This form declares that your mark has been in continuous use for five years and is now unable to be contested. This form has been simplified into a combined application with section 8 and only needs to be filed once.
The section 9 form is to renew the trademark and is due every 10 years. Because the sections 8 and 9 forms will be due at the same time in the future, the USPTO has also combined those forms to make filing easier.
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.
Tasks to complete:
- Submit maintenance forms on time: Missing filing deadlines for your trademark can result in your mark being canceled.
- Monitor for trademark infringement: Remedies include sending a cease and desist or filing a trademark infringement lawsuit.
Estimated time:
- Application time: 15-30 minutes
- Processing time: 90 days
Estimated cost: $575 at year five, $650 every 10 years thereafter.
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 or redesign 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.
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. Understanding what a logo is can help you appreciate the importance of these protections for your brand identity.
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.
