A logo is crucial for brand success, alongside quality products and positive customer feedback. It grabs attention, leaves a lasting impression, builds customer loyalty, and meets audience expectations.
However, creating a unique logo takes effort, creativity, and often a financial investment. So, it makes sense to protect this valuable asset. That’s where trademarking comes in.
Trademarking your logo is a smart business move. It gives you exclusive usage rights and protects your design copycats. This protection is crucial for maintaining a unique and credible brand. Ready to learn how to trademark a logo? We’ll cover the process in a bit. But first, let’s clarify what a trademark actually means.
What is a Trademark?
A trademark is a sign, logo, word, phrase, sound, or combination of legally registered branding assets to distinguish your products or services from market competitors.
Trademarks serve three critical purposes for your brand:
- They identify the source of your products or services.
- They provide legal protection for your brand.
- They safeguard your visual signature.
Trademarking your logo ensures that nobody can use it without your permission. This means you have legal protection against copycats and counterfeits, and ensure your brand identity stays unique, even if someone has the same bright idea as you do.
When Should You Trademark a Logo?
The best time to trademark your business logo was when you launched your company, whether that was months or years ago. But the next best time is now!
The earlier you trademark your logo, the better it is for your business. In fact, trademarking your business logo is like getting insurance for your brand’s visual identity. It’s always better to have it and not need it than to need it and not have it. However, one prerequisite for trademarking is that your logo is being used in commerce, so you cannot trademark your logo until you can prove that you’re actively using it to market your goods or service.
The best times to trademark your logo are:
- Before officially launching your business or starting your first major marketing campaign.
- When your brand starts gaining attention in the market.
- When you see the need to expand your business into new territories.
Protecting your brand’s identity early enough can save you headaches and potential legal issues in the future. Please don’t wait until it’s too late. Consider trademarking your logo as essential to your company’s business growth strategy.
How to Trademark a Logo in 3 Steps
Ready to protect your powerful design? Here’s how to trademark a logo.
- Ensure your logo is unique
For your logo to be trademarkable, it must be distinct from any other trademarked logo or design. The first step is to make sure that you haven’t inadvertently copied another brand’s trademark: if so, you’ll have to adjust your design. Adding your brand name can also serve to differentiate your logo from other designs.
Search trademark databases and use AI, reverse image search or Google Lens to scour the internet for similar designs.
- Prepare your application
Diligently preparing your trademark application takes time, but it can save you a lot of work in the long run. Many trademark applications are rejected because they’re improperly arranged or lack the appropriate evidence, which can lead to long delays and expensive reapplications.
First things first – gather all the necessary elements. These include:
- Your logo design
- A short description of the goods and services the logo represents
- Evidence of your logo in use, or of intent-to-use.
- The specific class or classes your trademark falls under
While preparing your application, you must specify whether you already use the logo in commerce or intend to use it soon.
A well-prepared application can smooth the path to trademark approval. On the other hand, a hasty one might lead to unnecessary complications. Your logo deserves extra care and attention at this crucial stage.
- File with the USPTO
Filing with the United States Patent and Trademark Office (USPTO) is the final step in trademarking your logo. You can submit your application through their Trademark Electronic Application System (TEAS).
Here’s what you need to do:
- Complete the online application form
- Provide all required information about your logo
- Upload a clear image of the logo in the specified format
- Pay the application fee, which varies depending on the application type and number of filling classes
The cost of trademarking a logo in the US depends on your application filing type and the number of goods and services in your application. There are two filing types:
- TEAS Plus: $250 per class
- TEAS Standard: $350 per class
For example, if you use the TEAS Standard option and file for two classes of goods or services, you’ll pay $700 ($350 x 2).
To determine which TEAS filing option is best for your business, visit the USPTO webpage for detailed information. Choose carefully to select the most appropriate and cost-effective option for your specific needs.
Maintaining Your Trademark
Your logo trademark registration process doesn’t end with the initial registration. You must actively use the trademark in commerce and file the required documents with the USPTO to show its ongoing use.
While the idea of continuously maintaining your logo trademark sounds scary, it’s manageable. Think of maintenance filing as providing proof that your trademark is active. The process involves submitting a signed declaration and specimens showing how you use the trademark.
Accuracy during this filing is crucial. The registration will be audited for proof of use, and any mistakes discovered during such an audit can complicate the process. Keep in mind:
- If you stop using your logo trademark for specific goods or services listed in the registration, delete them promptly.
- You can make deletions between maintenance filings without a fee.
- Deletions made during the maintenance filing process incur fees for each affected class.
Failure to pay these fees or submit accurate maintenance documents can cancel your entire registration. To maintain the benefits of your logo trademark registration, regularly review your trademark and ensure timely and accurate filings.
When you actively maintain your logo trademark, you’ll perpetually protect your brand’s visual identity and preserve your legal rights to your logo. It’s an ongoing process, but one that’s well worth the effort to safeguard your brand’s unique identity in the marketplace.
Wrapping Up
Congratulations! You now know how to trademark a logo. When you follow these steps, you’ll build a fortress around your brand’s visual identity. As you’ve learned, the process requires careful planning, attention to detail, and ongoing commitment.
Remember, your company’s logo is more than just a design — it’s your business’s face and your brand’s silent ambassador. Trademarking your logo is a long-term investment in your company’s success and recognition.
Ready to get started? Schedule a consultation with our trademark experts today to ensure smooth sailing and speedy filing.
