How to Trademark a Logo

Whether you are just starting out or updating your company's image, your logo is an essential part of your business's identity. It's also one of the first ways customers experience your brand. When you create a mark such as a logo, you essentially enhance your business's intellectual property.

As with any property, your logo can be stolen by nefarious parties. As such, you want to make sure that you're protecting your property to the full extent of the law. The best way to protect your business's logo is by filing for federal trademark protection. When you have federal trademark protection, you can enforce your rights to the logo should other people try to steal or improperly profit off it.

This protection requires you to apply through the U.S. Patent and Trademark Office (USPTO). The application process has many steps and can get a little complicated for unfamiliar business owners.

You don't want to begin this process only to discover that your beloved new logo is too similar to another business's logo. So, once you've selected your mark, the best way forward is by conducting some research of your own. Performing solid research early on can help prevent your application from being denied later.

Follow these below steps to secure a trademark for your business's logo:

1. Learn What Trademarking Protects

A trademark is different from a patent, which is different from a copyright, which is different than registering a website name, and so on. The point being, you may think you need a trademark when you're really in need of something else.

As stated on the USPTO's website, trademarks protect "brand names and logos used on goods and services." This differs from patents, which protect inventions. It also differs from copyrights, which protect creative or literary works such as paintings or books. Assess your business and the types of goods and services it offers. Then, visualize the kind of logo that best represents those goods and services.

If you plan on promoting your company identity in a public space, you should consider applying for a trademark if you haven't already. You don't need to trademark an invention, but you'd want to file a patent for it. However, if you plan on putting your brand name or logo on that invention, the brand name or logo should be trademarked.

2. Select Your Brand's Logo

Selecting a good logo or mark is crucial to the trademark application process. Know that not every kind of mark can be registered or legally protected. For starters, you don't want to choose something too generic. You want your logo to be unique and distinguishable.

The more unique your logo choice, the easier it will be to get your trademark application approved. The USPTO denies applicants whose logos are too generic or easily confused with logos from other businesses.

Take time to create a logo that meets your business's objectives while still complying with USPTO guidelines. For this step, you will want to address three key questions:

• What does your mark look like? When conceptualizing your business's logo, consider the USPTO's guidelines. The less distinct the mark, the more difficult it will be to register. The government does not want to approve logos that are difficult to protect, so design one that is distinctive and creative. Finally, don't select a logo or brand name that merely describes your product (e.g., naming your candy store "Sweet").
• Which format of mark will you select? The USPTO application requires you to state the format of your mark. You may choose from a standard character mark, a stylized/design mark, or a sound mark. For logo creation, your format should most likely be a stylized/design mark.
• What are the goods or services your mark represents? Your application will also require you to state with specificity the goods or services that your logo represents. The USPTO provides a helpful video detailing what they are looking for in this part of the application process.

3. Research the USPTO Database

This is the most vital step you will perform in the early going. The USPTO's website includes a database of all trademarks registered in the United States. The Trademark Electronic Search System (TESS) allows users to see if anyone else has registered or is currently applying for a similar trademark.

Users should incorporate TESS into their clearance search. Clearance searches are trademark searches that scan TESS and other internet sources to see whether your logo or a similar one is already in use. Don't limit yourself, be as thorough as possible here.

4. Prepare Your Application

This is the step where things tend to get complicated. The application process is long and arduous, and you'll likely face mounting questions as you begin interacting with the application. For this reason, it is recommended that you strongly consider the services of a trademark attorney. If you are at home in a foreign country, an attorney is required for your application. While still recommended, attorneys are not required for U.S. citizens applying for a trademark.

Applications are filled out online on the USPTO's Trademark Electronic Application System (TEAS). The site requires you to open an account. You'll also be required to pay a filing fee with every application. The standard filing fee is $350 per class of goods or services. These fees are non-refundable, regardless of whether your application is approved.

5. Submit a Completed Application

Once you've filled out the application, you will submit it through TEAS. You must continue to monitor the process online even after you apply. This can be done through the Trademark Status and Document Retrieval (TSDR) system available through the USPTO's website. Be sure to check the status of your application regularly.

Applicants that don't keep up with their application through TSDR often miss critical communications or filing deadlines. You must maintain your application and comply with all requests. Set a reminder in your calendar to check this weekly. Additionally, notify the USPTO of any changes in address or contact information.

6. Comply with All Requests from Examining Attorney

When the USPTO determines that you've complied with the minimum filing requirements, they will assign an examining attorney to your application. The examining attorney is the reviewer that makes sure that yours is a viable trademark application. They will assess the application, ensuring that your trademark is distinctive and that you've complied with all requirements and submitted the necessary filing fees.

Examining attorneys are thorough. They want to make sure that you're not filing a trademark that is too similar to one already in use. If the examining attorney concludes that your logo shouldn't be registered, they will provide you with a letter explaining their decision. In some instances, they may require you to make minor alterations to your logo so it can be approved.

This is another reason to be checking and maintaining your application status in TSDR regularly. Examining attorneys might come to you with additional questions or requirements. You always want to reply to them quickly and provide concise, detailed answers.

7. Receive Application Results and Plan Accordingly

If your application is rejected, you can either start over with a reconfigured logo or file an appeal. Filing an appeal comes with additional fees.

If there are no objections to the registration of your mark, the logo will be approved for publication. The logo will be featured in the USPTO's "Official Gazette," which publishes new trademarks weekly. This has legal significance, as it notifies other parties that your trademark exists. Here, people can file an opposition against your trademark if they fear the logo will harm their business operation. However, if you've been thorough in designing a distinctive logo, this will not be a concern for you.

If the logo is for commercial use, the USPTO will provide you with a certificate of registration upon approval. When this happens, the applicant must file either an Intent to Use form or an extension request. If an applicant fails to do this within six months of approval, the application is deemed abandoned.

Upon filing an Intent to Use, the mark will be registered and your logo protected. That process takes approximately two months from the time you file to final registration. However, you will be further expected to file specific documents to keep the registration live and in good standing with the government.

8. Maintain Your Registration With USPTO

To keep your registration "live," the USPTO requires you to file specific maintenance documents from time to time. Not filing these documents, or filing them incorrectly, can lead to the cancellation or expiration of your trademark registration. If this happens, you will be required to start from the very beginning with a brand-new application. Unfortunately, a previously approved application is not always an indicator of success, and a new application can be denied even if an earlier one was approved.

In this sense, the work of maintaining a trademark is never finished. Use TDSR to frequently check your trademark's registration status, ensuring that it stays in good standing for as long as you need it.

Seeking Assistance

Securing a trademark for your business is a long, complicated process. There is no better way to master this process than by consulting with a trademark attorney. An experienced attorney will guide you through the application and advise on measures you can take to improve your logo's chances of approval.

Related Resources

• Trademarks
• Enforcing Trademark Rights
• Trademarks and Business Names
• Registering a Trademark