When you think of any famous company, what comes to mind at first? Chances are, you get a flash of its logo in your head. For example, there’s McDonald’s iconic golden arches and Nike’s simple yet striking Swoosh. If you’re wondering how to trademark a logo to protect your own brand’s identity, this guide will help.
By now, it should be obvious that a key part of effective small business branding is a memorable logo. Coming up with one is hard enough already, so you want to protect it with everything you’ve got.
If you learn how to trademark a logo, then you can do exactly that. Read on to see what a trademark is, why you should trademark your logo, and how you can complete the process.
What’s a Trademark?
A trademark is a legally recognized symbol, word, phrase, design, or a combination of everything. It’s a form of intellectual property protection that helps consumers identify a specific company’s products or services.
Once something’s trademarked, the owner has exclusive rights to use it in commerce for the goods or services it covers. It prevents other businesses from using the same mark (or something close) for similar goods or services.
There are several types of trademarks available. The marks include:
- Word
- Design
- Sound
- Color
Why Trademark a Logo?
You might be the most artistic and creative person on earth, or you might hire someone who is to create your logo. But coming up with something that’s truly unique doesn’t guarantee that someone else won’t copy it or accidentally conjure up something similar. This is why you need to trademark your logo (you should also copyright a logo too, for extra protection).
Below are some other reasons why trademarking is a good idea.
Exclusive Rights
Because you have exclusive rights to your logo, no one else can use a similar or identical one, especially your competitors. This can help protect your brand’s distinct identity.
Also, with a registered trademark, you have the legal grounds to stop others from either copying or using your logo without permission. You’ll be able to file a lawsuit for trademark infringement. Plus, you can recover damages, including any profits the infringer made from using your logo.
Brand Identity Protection
A trademark clearly identifies the logo as yours. This establishes brand ownership and signals to others in the marketplace that you own the rights to it.
A trademark can prevent confusion among customers too. If other businesses use similar logos, then they can mislead consumers about the source of goods or services.
You should know that the protection isn’t just statewide either. Even if you’re only doing business in one region, you’ll have nationwide protection. You can even pursue international protection to safeguard your brand on a global level.
Added Value to Your Business
A strong, trademarked logo becomes an integral part of your brand’s identity. This adds long-term value to your business, as it represents your reputation, customer loyalty, and the goodwill you’ve built.
In addition, a registered trademark can become a valuable business asset if you ever decide to expand, license, or franchise your brand. Should you need investors or buyers, the trademark will increase the attractiveness of your business too.
How to Trademark a Logo
You may already have a logo, or maybe you’re proceeding with one. Now, you’re wondering, “How should I trademark my logo?”
For a smooth experience, take the following steps.
Design a Unique Logo
If you haven’t already, then design a unique logo. Ensure that it’s not a copy of an existing one by researching current trademarks.
The more distinctive and original your logo is, the easier it’ll be. So avoid using general symbols or overused elements.
Conduct a Trademark Search
The next step is to conduct a trademark search by looking through the US Patent and Trademark Office (USPTO) database. This gives you extra assurance that your logo is truly unique.
If you want to operate internationally, then you’ll need to search for existing trademarks in the other countries where you want protection.
Decide on the Trademark Class
There are different classes for trademarks, and the categories are based on the type of goods or services they represent. In general, classes 1-34 apply to goods and tangible items. Classes 35-45 apply to services.
Prepare Your Application
The first thing you’ll need for your application is your business information. This includes its:
- Name
- Address
- Entity type
If you haven’t created a company yet, then use our free business registration service. It’s a quick and easy process, and you’ll only need to pay for the state fees.
You’ll also need to specify whether you’re trademarking the logo in color or black and white. The good news is if you trademark it in black and white, it’ll cover all color variations too. The logo should be in JPG format.
The last thing to do is list the goods or services your logo will represent. Be sure to be specific.
File Your Trademark Application
You have two options for filing when using the Trademark Electronic Application System (TEAS): Standard or Plus.
If you want more flexibility, go with TEAS Standard. However, it’ll cost more; it’s $350 per class, whereas TEAS Plus costs only $250 per class.
Monitor the Application Process
The USPTO will review your application after you’ve submitted it. If they don’t find any issues, they’ll publish your logo in the Official Gazette, which allows others to object if they think your trademark will harm their brand.
Should the USPTO receive objections, they’ll issue an Office Action. You’ll have to respond to it promptly to keep your application moving forward.
Receive Trademark Approval
If you get no objections, then your trademark will be registered, and you’ll receive a Certificate of Registration. Those with intent to use applications will need to file a Statement of Use showing how your logo will be used in commerce.
Remember to file a Section 8 Declaration between the 5th and 6th year of registration to confirm that you’re still using the logo. Also, you’ll have to file for renewal every 10 years.
Protect Your Brand by Trademarking Your Logo
Knowing how to trademark a logo can mean the difference between keeping your brand safe or having it ripped off by copycats. However, it can be a tough job to do on your own.
In that case, rely on licensed trademark attorneys, such as Trademark Kings. You won’t have to worry about the paperwork, as they’ll ensure everything goes without issue.
Sign up with Business Anywhere now and take advantage of our free business registration service. Our expert agents can help you decide which business entity is best for your situation.
