A logo is an essential part of any business, as it helps to create a unique identity and bolster brand recognition. It also serves to protect your brand and distinguish it from others. That’s why it’s important to trademark your logo—it’s a form of intellectual property that can be legally protected. Trademarking your logo is a straightforward process, but it’s important to understand the steps and the associated costs. This guide will walk you through the process step-by-step, from conducting a trademark search to filing the application. With this information, you can ensure that your logo is legally protected and that your business is legally secure.
What is trademarking?
Trademarking a logo is a legal process by which you secure the intellectual property rights to your logo. A logo is a great example of intellectual property because it’s original work—you designed it, and you should be compensated for its use. Trademarking a logo ensures that you maintain complete control over its use and that nobody can use it in a way that misleads the public about your business. Trademarks are generally broken down into two categories: “word marks” (which include logos, slogans, and names) and “design marks” (which include things like logos, images, and symbols). A word mark can identify a single product, while a design mark can identify multiple products. For example, the Nike swoosh logo is a design mark that identifies a variety of different Nike products.
Conducting a trademark search
Before you trademark your logo, you must conduct a trademark search to ensure that it’s not already trademarked. This search will also determine which variations of the logo are available to trademark. You can conduct a free trademark search on the U.S. Patent and Trademark Office website. You’ll have to provide a few details about your logo and the goods or services it will represent. Once you’ve completed this step, you’ll have an idea of which marks you can trademark as well as which marks are already in use. If your logo is already in use, you can decide whether to pursue a “co-existing trademark” (i.e., a legal agreement between the two companies to avoid confusion) or to go ahead and trademark your logo anyway.
Preparing a trademark application
Once you’ve conducted a trademark search and determined that it’s possible to trademark your logo, you can move forward with the application process. The first step is to decide on your mark (i.e., logo), and to conduct a thorough search to ensure that it’s not already in use. You can do this online using the Trademark Electronic Search System (TESS). You’ll have to provide information about your business and the goods and services it provides, as well as information about the mark you’re applying for. The TESS system will then provide you with a list of similar marks already in use. You can also search for pending applications in the same system. Once you’ve completed this step, you can proceed with drafting your application.
Filing the trademark application
The next step is to actually file the application. You’ll have to submit a few pieces of information, including the details of your mark, the goods and services it represents, and payment information. You’ll also have to fill out a form that details your reasons for filing this application, and any legal risks associated with the mark (i.e., why someone wouldn’t be able to use it). You can file this application online, and it will cost between $225 and $400. Once you’ve filed your application, the USPTO will review it within six months. Assuming there are no issues with your application, they’ll issue a trademark.
The response from the USPTO
Once you’ve successfully filed your application, it’s important to keep an eye on the Trademark Electronic Application System (TEAS) to see if it’s been approved. You’ll have to wait six months from the date of your filing, though you can request an extension if you need more time. If there are any issues with your application, the USPTO will let you know. If there are no issues with your application, you can expect a notice of allowance. This means that your application has been accepted and you can proceed with the final steps.
The cost of trademarking a logo
Trademarking a logo costs between $225 and $400, depending on whether you hire an attorney or use a do-it-yourself online system. You can save some money by conducting a thorough search on your own and drafting the application yourself, but it’s always advisable to consult an attorney when filing the application. you’re in a better position to know the ins and outs of trademarking and can help you avoid any costly mistakes.
Using the ™ symbol
Once you’ve been granted a trademark, you can use the ™ symbol to indicate that your logo is trademarked. Trademarking a logo doesn’t automatically give you the right to use the ™ symbol, but it does mean that you have the legal right to use it. You can use the ™ symbol on the logo itself, on any marketing materials that feature the logo, and even on your website if it features your logo. This symbol tells your customers that your logo is trademarked, that you’re the rightful owner of the logo, and that they shouldn’t use it in any way. You can use the ™ symbol as soon as you’ve received the notice of allowance from the USPTO.
Maintaining your trademark
Once you’ve trademarked your logo, it’s important to maintain the trademark to keep it in good standing. You have to file a maintenance application every 10 years to keep the trademark valid. The good news is that this is a fairly painless procedure, and it only costs $100. It’s also important to distinguish your logo from the trademarks of others. You can do this by adding “TM” after your logo in all marketing materials. You can also make the logo less prominent on your website, website footer, and other places where it’s used. These steps will help prevent confusion about whose trademarks are being used where.
Defending a trademark
On occasion, someone may try to trademark a logo that’s very similar to yours. If this happens, you’ll receive a notice of opposition from the Trademark Trial and Appeal Board. You’ll have 90 days to respond, and you should consult an attorney to make sure you’re responding appropriately. If you fail to respond to these claims, you could lose the trademark on your logo. If the opposing party is trademarking a logo that’s very similar to yours, you can also ask the USPTO to review the trademark. If they find that it’s too similar to your logo, they can reject it.
Frequently asked questions
It’s important to trademark your logo because it ensures that you maintain complete control over its use. It also provides legal protection for your business and allows you to take action against businesses that misuse your logo. Once you’ve conducted a thorough search and filed an application for a trademark, you can legally use the ™ symbol on your logo and marketing materials. You can also use the symbol on your website so that customers are aware that your logo is trademarked.