Should I Trademark My Logo?

Do we need to trademark our logo?

It depends on whether you feel that your logo helps you grow and distinguish your business from the competition. Keep in mind that if a large corporation federally trademarks "your" logo, they might force you to abandon it. If you plan on franchising your business or compete nationally/globally (e.g., websites doing interstate commerce), then trademarking is something you need to seriously consider. If you like the logo design and believe it has the necessary qualities to stay with your business for years, trademark it! Starbucks™ trademarked their logo early on when they were local and small. The branding of your company is a crucial element to the success of your company.

Why Trademarkia.com for my logo trademark?

Unlike our competitors, we are an online trademark service, FREE trademark search engine, and partner with a law firm. Attorneys (not paralegals) review your trademark logo application and make sure that the logo can be applied for. We have full-staff of professional logo designers to help you.

What is the difference between the ™ and ® symbols?

TM (™) means that your logo design is undergoing the trademarking process. This symbol should be placed on your logo while your application is being processed as this can take some time. It is a form of temporary protection. The R(®) symbol means the logo has been federally registered (® cannot be used for state trademark). You place this symbol on your logo once your application has been approved and your logo becomes a registered trademark.

Should I trademark my company slogan and name at the same time that I trademark my logo?

People do this often for convenience. Please keep in mind that each "mark" (i.e., brand, logo, slogan, name) will require a separate application/filing.

Do I need to be using my logo in business before filing a trademark application?

You can file an Intent To Use Application right at any time; however, before your logo becomes a registered trademark, you will need to show proof that the logo is used in commerce (brochure, website, business card, etc.).

Can I register my logo in my state first?

Yes, however, a federal filing affords the greatest protection (locally, nationally, and internationally). Federal trademark law preempts state trademark law. Only federally registered trademarks can use the ® symbol.

Can I trademark a logo I designed myself?

Yes. You can trademark your brand logo, or have Trademarkia’s professional graphic designers make one for you.

What are the potential drawbacks to not federally trademarking my logo?

Another company could apply for the same or similar logo, and perhaps even oppose your use of the logo if it hasn't been trademarked.

What if I have a word trademark that may be difficult to register?

If you have a word trademark that may be difficult to register because it's descriptive (e.g., Mountain Soda Company), consider creating a logo that distinctly represents your brand and apply for a trademark on the logo (can contain the words also). You can also have Trademarkia's graphic design team create a unique logo for you.