Creating a unique and memorable company logo is a compelling, time-consuming task. With that said, it’s only logical that you want to protect your design from unlawful use by trademarking it. In this guide, we’re going to break down why you may want to register a trademark for your emblem and how you can do that step by step.
The United States Patent and Trademark Office (USPTO) offers the following definition of a trademark: “A trademark can be any word, phrase, symbol, design, or a combination of these things that identifies your goods or services. It’s how customers recognize you in the marketplace and distinguish you from your competitors.”
A trademark serves to legally protect your intellectual property, whether it’s a logo, a film, a novel, etc. The owner of intellectual property can determine who and how can use their product. Any infringement on your rights as a trademark owner entitles you to initiate legal action or claim monetary compensation.
Both trademark and copyright serve the same purpose, which is protecting intellectual property. The difference lies in the types of property that are being protected.
Copyright covers creative works, such as paintings, books, songs, and the like.
A trademark protects specific symbols, words, illustrations, or their combinations that are meant for commercial use, for example, a company name, slogan, brand identity (including a logo), and so on.
Common law trademark rights can be established simply by using a logo to brand a business, providing some level of protection without the need for formal registration. These rights are easier and cheaper to acquire than federal trademarks but are geographically restricted and can be harder to enforce.
To fully understand the benefits of registering a trademark for your logo, you need to distinguish between two types of trademarks.
Check out the benefits that you can get from registering a federal trademark:
What do you do if your trademark has been infringed? The best way to tackle this situation is by commissioning a professional attorney who will send the infringer a letter asking them to stop violating your trademark rights. If this doesn’t help, the lawyer will initiate legal action on your behalf.
As already mentioned, a trademark protects unique intellectual products. What’s important to understand here is that trademark law doesn’t apply to generic names and images. For example, there’s no way you can obtain exclusive rights to the phrase “aromatic coffee” or the image of a coffee machine. Those are generic words and graphics that can be used by anyone.
Another vital detail to keep in mind is that a trademark only secures your rights in the country where it was registered. In other countries, entrepreneurs are free to use the same logo and brand name as yours. You can, however, try to get international trademark protection for your company’s logo via the Madrid System, administered by the World Intellectual Property Organization (WIPO). This system allows trademark owners to seek protection in multiple member countries by filing a single application.
Registering a federal trademark for your logo requires time, effort, and money. You can do all the work yourself or let a professional trademark attorney take care of everything for you. There are also trademark filing services that can assist you.
Understanding the importance of trademark symbols, such as ™ and ®, is crucial. These symbols indicate trademark protection, deter imitation, and help establish brand recognition. Proper placement of these symbols relative to logos and brand names in marketing materials is essential.
How do you know who the rightful owner of your logo is? It depends on how your emblem was created.
Trademark infringement occurs when someone uses your trademark without permission. To protect your logo, monitor the marketplace for unauthorized use and take legal action, such as sending cease and desist letters or pursuing lawsuits, if infringement is discovered.
Important! When applying for a trademark, make sure your submitted logo version is the final one. You won’t be able to modify your design after filing your trademark application.
Before filing for a trademark, it’s vital to make sure that other businesses are not using identical or similar names, images, or their combinations. If your logo is not unique, your application is likely to get rejected, and you’ll have to start all over again.
Here’s how to conduct a thorough search:
If you’re unsure how to interpret search results, consider consulting a trademark attorney or professional search service before proceeding.
You don’t necessarily have to hire an attorney to register a trademark. There’s nothing in your way that can stop you from handling the task yourself. That, however, will take up a big chunk of your time. Plus, you’ll be running a higher risk of your application getting rejected.
At the same time, a seasoned trademark attorney knows all the ins and outs of trademark registration. They’ll check your logo for uniqueness, prepare the required set of documents, and submit an application on your behalf. Having trademarks registered with professional help can ensure that applications meet necessary standards and avoid issues that could result in rejection or legal disputes.
The easiest way to register your trademark online is through the USPTO’s Trademark Center, which replaced the previous filing system on January 18, 2025. Here’s what you need to do:
Trademarking a logo typically takes 9 to 12 months to be processed. If the application has issues, such as conflicts with existing trademarks or missing information, the process may take longer.
For complex cases requiring appeals, final approval can take several years.
Upon reviewing your application, the USPTO will either approve it and register your trademark or reject it. Check out the cases when your application can be turned down.
The silver lining here is that a rejected application is not the end of the world. If your application gets turned down, you’ll have six months to improve your emblem and file a notice of appeal. If the USPTO rejects your application again, you’ll be given another six months to modify your design. After that, the agency will pass the final decision on your trademark by either registering it or dismissing it for good.
A federal trademark is one of the strongest ways to protect your intellectual property and prevent others from using your logo or business name.
You can apply for a trademark yourself through the USPTO’s Trademark Center or work with a trademark attorney or trademark filing service for assistance. A federally registered trademark gives you nationwide rights to use your logo in connection with your goods or services. If a competitor copies your logo or business name, you will have legal grounds to take action in federal court.
Registering a trademark is an investment in your business’s long-term security. Without one, you may have difficulty enforcing your rights if another company starts using a similar logo. If you plan to expand your business nationwide, securing a USPTO trademark can help protect your brand.
Disclaimer: The content on this page is for information purposes only and does not constitute legal, tax, or accounting advice. If you have specific questions about any of these topics, seek the counsel of a licensed professional.
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