Here's How To Protect Your Business Logo With A Trademark

Here’s How To Protect Your Business Logo With A Trademark
Chauncey grew up on a farm in rural northern California. At 18 he ran away and saw the world with a backpack and a credit card, discovering that the true value of any point or mile is the experience it facilitates. He remains most at home on a tractor, but has learned that opportunity is where he finds it and discomfort is more interesting than complacency.
Jane Haskins practiced law for 20 years, representing small businesses in startup, dissolution, business transactions and litigation. She has written hundreds of articles on legal, intellectual property and tax issues affecting small businesses.
Rob is an SMB writer and editor based in New Jersey. Before joining Forbes Advisor, he was a content producer at Fit Small Business. In that role, he was responsible for writing, editing, and strategizing content geared toward small business owners. Before that, he worked at PCMag as a business analyst.
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Updated: Mar 25, 2022, 2:29pm
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Logos are a unique and valuable business asset that can leave lasting impressions on customers. Business owners who wish to protect a brand and its unique identifier(s) should consider trademarking a logo with the United States Patent and Trademark Office (USPTO). Trademarking a logo is a fairly straightforward process, but important considerations should go into trademarking a logo before, during and after the application filing process.
What Is a Trademark?
A trademark can be a word, phrase, symbol or image unique enough to register as a business’ exclusive brand. By trademarking a logo, business owners acquire legal protection against counterfeits, copycats and fraud. Other companies providing similar goods or services face harsh penalties for using a design similar to a trademarked logo, including foreign entities that import products into the U.S.
How to Trademark a Logo
A unique logo can be trademarked by registering it with the USPTO. Anyone can apply online on the USPTO website if the business for which they’re authorized to file is principally located inside the U.S. If based outside the U.S., a patent attorney will be required to make the filing.
1. Determine Whether You Need a Trademark
It’s important to first consider whether a trademark registration with the USPTO is necessary, since the process requires time, effort and money. Once a business begins to use a logo to advertise and sell goods or services, they automatically attain common law ownership and the limited protections associated with it—but only if the business can prove it was the first businesses to use the mark. Common law legal protection for a trademark only applies to the geographic area where the business operates. If nationwide protection is needed, then registering a logo with the USPTO is a wise step.
2. Search for Existing Trademarks
Before applying for a logo trademark, it’s important to search for existing trademarks that may bear any resemblance. An application may be rejected if the logo submitted is likely to be confused with existing logos for comparable goods or services. Logos cannot be generic and should always be unique to the business.
Search for existing trademarked logos on the USPTO website using the Trademark Electronic Search System (TESS). Some experts, including those who wrote the USPTO website, recommend hiring an attorney or a specialized service to conduct this search on behalf of a business owner. Attorneys are trained in special techniques to perform a more thorough search before an application is submitted. This may be especially beneficial with graphic marks.
3. Prepare the Application
The application process can be time-consuming and complex. Because applications can be entirely rejected for small errors and fees are not refundable, it’s important to ensure each part of an application is correct before submitting. A patent and trademark attorney may be helpful with guidance for this process. Lawyers will be able to write descriptions of the logo using language that’s common and understood by the USPTO better than beginners to the process. This can save time and effort in the long run, especially in the event of any unforeseen complications.
Prepare the following information for the application process:
• Name, address and personal details of the entity filing for the trademark. This may be an individual or a business. (Note: Individuals and businesses who are based outside of the US will need to hire a lawyer to complete this process.)
• Product(s) or service(s) the logo will represent, along the class of goods or services for which you’re registering the trademark.
• A JPG image file of the final version of the logo or design. If your logo is in color, you also need a description of the colors and where they’re used
• A JPG or PDF file of a “specimen” that shows an example of how the logo appears on the product or service itself. (This only applies to applicants with actual use in commerce, meaning the business owner has already sold goods or services using the specific logo.) Those intending to use a logo for service later will be required to show this proof later on.
• Appropriate funds
Also consider the final version of the logo. Will it be in color or black-and-white?.. While many logos are displayed in color on products or in marketing materials, registering for a trademark in color means that the logo is only protected if it’s displayed in those colors. A business owner must amend the initial application or re-apply for a new trademark if any changes are made to the logo’s color. If you trademark a black and white version, you can add or change colors without filing a new trademark application.
4. File the Application
The application can be completed on the USPTO’s website. The USPTO provides detailed instructions on how to navigate the online application, depending on the filing option. Once the application is submitted, the application status can be checked using the Trademark Status and Document Retrieval (TSDR). The USPTO recommends checking the status five to seven days after the initial application is submitted, but reports indicate that the process may take months if errors are found.
After being received, the filing is assigned a serial number and a government trademark attorney. The examining attorney will review the materials and conduct a clearance search to make sure there aren’t any existing logos for similar goods or services that bear a resemblance to the applicant. If the application meets all of the legal requirements and there are no issues with existing logos, then the examining attorney will approve the logo for publication in a USPTO online journal. If no one files an opposition to the trademark after it is published, it will be registered.
However, if there are any issues with the application, the examining attorney will send an office action to the applicant. The applicant must provide a response that corrects any problems listed in the office action, usually within six months. Failure to do so means the logo will not be approved.
After the Logo Is Approved
Once the logo is registered with the USPTO, a trademark owner will have exclusive rights to use the logo within the approved goods or services class anywhere in the U.S. The owner may sue for any unlawful use of the logo, and may file to stop foreign goods with your logo from being imported into the U.S.
Business owners can set up a trademark watch by hiring an attorney or specialized service. The attorney or service will continuously monitor and search for illegal use of a trademarked logo. For those concerned with fraud or misuse, a service like this may be useful in catching such issues.
Trademarks last 10 years. Be advised that renewing a trademark will be required in a decade.
Copyright Vs. Trademark
A copyright protects creative works like books, movies, music, artwork or computer programs. The copyrighted work has to be a “tangible medium,” meaning consumers must be able to see, hear or use it. It can’t be an undocumented idea or common string of words. A trademark, to contrast, is a unique phrase, word, symbol or design that represents a company or brand that provides goods or services. It is typically in marketing materials or to label products.
Logos are often eligible for both trademark and copyright registration. A copyright protects the original design from unauthorized copying, while a trademark helps prevent the logo from being used by a competitor business.. Copyrights are automatically earned upon production of a work in a tangible medium, but registration adds benefit. If you hire someone to create your logo, be sure you have a written agreement giving your business the copyright to the logo. This gives you control over how it can be used and reproduced.
Frequently Asked Questions
How long does it take to trademark a logo?
On average it can take anywhere from several months to over a year for a trademark application to be processed and approved. If there are complications such as re-examination or amendments to the initial application, the process may take significantly longer.
Can I trademark a logo myself?
Yes. Anyone can apply online to trademark a logo. However, experts often recommend that business owners hire an attorney or specialized service to handle the process from beginning to end to ensure that your application is prepared properly, and should any complications arise, they will be aptly handled.
For businesses based outside the U.S., a U.S. patent and trademark attorney may be required to file an application.
How much does it cost to trademark a logo?
The USPTO offers two filing options for individuals or businesses: the TEAS Plus ($250 per class of goods/services) and the TEAS Standard ($350 per class of goods/services). There may be additional fees paid directly to an attorney or specialized service if the business owner chooses to hire them.
Can a logo be copyrighted?
Yes, a logo can be both copyrighted and trademarked. A logo has a copyright as soon as it has been created, but the copyright owner can also register the logo with the U.S. Copyright Office.
Is it possible to trademark a business name?
Yes. To trademark a business name you will need to submit an application through the U.S. Patent and Trademark Office’s website. Similar to the process of trademarking a logo, trademarking a business name can also take several months, and businesses are generally advised to hire professional assistance, such as an attorney or legal service to help ensure the process goes smoothly.
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Chauncey grew up on a farm in rural northern California. At 18 he ran away and saw the world with a backpack and a credit card, discovering that the true value of any point or mile is the experience it facilitates. He remains most at home on a tractor, but has learned that opportunity is where he finds it and discomfort is more interesting than complacency.
Jane Haskins practiced law for 20 years, representing small businesses in startup, dissolution, business transactions and litigation. She has written hundreds of articles on legal, intellectual property and tax issues affecting small businesses.
Rob is an SMB writer and editor based in New Jersey. Before joining Forbes Advisor, he was a content producer at Fit Small Business. In that role, he was responsible for writing, editing, and strategizing content geared toward small business owners. Before that, he worked at PCMag as a business analyst.
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