Trademarking a logo is part of intellectual property law that ensures a business’s signature design is not used by any other company. This unique symbol doesn’t just allow a brand to be recognized among others in the industry, but it also serves as an important business asset that increases the value of your company.
In our guide, we’ll explore the steps to trademark a logo and share how much the process usually costs.
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What Is a Logo Trademark?
A logo trademark is a sign or symbol that legally distinguishes one brand from another. Like all other trademarks, it protects against intellectual property infringement, preventing others from using it for their own gains.
While trademarking is not obligatory and may not always be essential, there are advantages to securing a trademark for your logo, such as creating a unique identity and fostering trust among customers. There are three ways to do this:
- Automatically: Once you start using the logo, it’s instantly trademarked. However, this doesn’t guarantee any legal protection.
- Registering with the Secretary of State: You can file for a trademark with the State Secretary where you live, but this will only shield your trademark within the state. The requirements for trademarking a logo differ from state to state.
- Trademarking a logo with the United States Patent and Trademark Office (USPTO): This is the best way to ensure nobody uses your logo. It provides legal protection across the US.
How To Trademark a Logo? 6 Simple Steps
Companies invest significant time and resources in developing their logos, but they often forget the need for protection. Learning how to get a logo trademarked is not a complex process.
Here, we’ll detail how to get a logo trademarked according to the USPTO, as this ensures the best legal protection for your brand’s logo:
- Ensure Your Logo Complies with the USPTO Guidelines
- Submit Your Application
- Await USPTO Response
- Correct Any Application Errors
- Maintain Your Trademark Rights
- Enforce Your Protections Against Infringement
1. Ensure Your Logo Complies with the USPTO Guidelines
The initial step in trademarking a logo is to ensure your logo meets the USPTO application requirements. The things you must consider are:
- What type of trademark are you registering? There is a standard character trademark and a special form trademark. Since you’re trademarking a logo, you must use the special form, which is used to register design elements.
- Is there another similar logo trademark that can create confusion? Your logo should not already be used by someone else or be too similar to an existing trademark. To verify its uniqueness, you can use the trademark search system. In most cases, this is the reason the USPTO rejects an application.
- What goods/services are you offering? The Trademark ID Manual identifies and classifies the goods/services you offer. There are 34 goods classes and 9 services classes (also known as international classes) with many items in each one. For example, if your business deals with watches and jewelry, you’ll have to file for your logo trademark under class 14. If you want your logo to appear on different products that are part of your brand offerings, you’ll have to add additional classes. Remember, the more classes you include in your application, the higher the cost.
- What is your filing basis? This is the legal basis for filing a logo trademark.
- What application process are you going to use? There are two options: TEAS Plus and TEAS Standard. The difference lies in their up-front requirements.
2. Submit Your Application
Once you’re sure your logo application meets all the USPTO trademark requirements, you just need to send it in. This is done today using the Trademark Electronic Application System (TEAS). As we mentioned, you can choose between:
- TEAS Plus: This option has more up-front requirements but lower fees.
- TEAS Standard: This option has fewer up-front requirements (although all must be met during the application process) but higher fees per class.
One thing you should remember when sending in your application is to prepare a drawing and specimen. A drawing is the design of the logo itself. For this, you need to present a JPG file of the logo, a color claim, and a description.
On the other hand, a specimen is a commercial example of your logo in action. For physical products, a specimen can be photos of the logo on the product, packaging, or in-store displays. Service providers have more flexible requirements for specimens, such as invoices or website screenshots. You must submit a specimen for each type of product or service associated with your logo.
3. Await USPTO Response
After submitting your trademark application, you'll receive an initial confirmation from the USPTO. However, the application process can take 12–18 months. You can always check your status online by using the number on the filing receipt. Note that new applications show up 4-5 days after submission.
The USPTO assigns your application to an examining attorney. This attorney assesses every aspect of your application, ensuring it meets all legal and procedural criteria. If issues arise, the attorney contacts you via call, email, or an office action outlining the reasons for denial.
4. Correct Any Application Errors
If your application is rejected due to resolvable issues, the office action gives you three months to make the necessary corrections. The assigned attorney may offer suggestions to improve the application. If these issues are resolved within the stated time period, the attorney will approve the trademark.
If the rejection is due to an inherent flaw in your logo or similarity to existing trademarks, you may need to start the process over. The same applies if you miss a deadline — in these cases, the application is considered abandoned.
If you don’t respond to the first office action within the given timeframe, the examining attorney will issue a final office action, which essentially means your application has been denied. You can appeal this decision with the Trademark Trial and Appeal Board.
5. Maintain Your Trademark Rights
Once your logo trademark is approved, it will be published in the Trademark Official Gazette. The public then has 30 days to appeal the registration of the trademark, after which you become the sole owner of the logo trademark.
To continue using your trademarked logo, you must:
- Continue to use the trademarked logo
- Keep your contact information up to date
- File the registration maintenance documents
Depending on the time passed since registration, you can file different declarations, such as a Combined Declaration of Use and Incontestability under Sections 8 & 15, or a Declaration of Use and/or Excusable Nonuse of a Mark under Section 8.
You can maintain your trademark indefinitely as long as your logo remains in commercial use.
6. Enforce Your Protections Against Infringement
Having a trademark doesn’t guarantee that others won’t try to infringe upon it. Therefore, it’s important to periodically check your logo trademark to prevent misuse and potential applications for similar logos.
Legal firms or specialized companies can send cease-and-desist letters and engage in litigation if necessary. While smaller businesses may not always need to take these steps, they should remain vigilant about trademark infringement and assert their rights.
How Much Does It Cost To Trademark a Logo?
The cost of trademarking a logo on your own via the USPTO depends on many factors, typically ranging between $250 to $1,000. The main things that determine the total cost are the number of products and services you’re trademarking and the type of application.
- TEAS Plus: Each class costs $250. For example, if you want your logo to be shown on two different products, you’ll have to pay $500.
- TEAS Standard: For every class, you’ll have to pay $350 — two products with your logo would be $700.
Don’t forget to consider additional fees for delayed payments, extensions, and maintenance. Remember that these fees are non-refundable.
Trademarking a Logo Takeaways
Trademarking your logo becomes more important as industries expand and more companies enter the market. It’s crucial to secure your logo to prevent others from claiming it.
A company's logo is a representation of its brand and serves as a readily identifiable symbol for customers, emphasizing the importance of preserving its reputation. You can safeguard it by using the simple application steps above and ensuring legal ownership everywhere in the US.
If you need to start from scratch, consider hiring top logo design companies to create the best symbol for your brand.
How To Trademark a Logo FAQs
1. Is it free to trademark a logo?
No. Securing a trademark involves expenses, as the USPTO mandates a non-refundable filing fee for every application. This fee is obligatory and cannot be reimbursed. The filing fee set by the USPTO amounts to $250 or $350, depending on the class of goods or services.
2. How long does a trademark last?
Contrary to common belief, a US trademark isn't automatically abandoned after just three months of non-renewal; it remains in effect for ten years without renewal. After that, you need to file for a renewal to extend the trademark for another 10 years.
