How Do You Trademark a Logo? (+ Do You Need a Trademark Attorney?)

Trademarking a logo is a crucial aspect of comprehensive brand protection.

Without appropriate protection, your brand remains at risk from opportunists who wish to capitalize on your brand's acquired brand equity.

So this raises the question:

How do you trademark a logo? In this article I'll be exploring this question in depth. But first, let's start with the fundamentals:

What is a trademark?

A trademark is a unique identifier of a brand.

It may come in the form of a name, slogan, or in this case, logo.

But trademarks also come in more interesting forms.

Did you know that you can trademark a sound, and even a smell?

For example, Play-Doh has trademarked the scent of Play-Doh!

How do trademarks differ from patents or copyrights?

Trademarks, patents, and copyrights are all forms of intellectual property.

However, what they each protect varies significantly.

As I've already discussed, trademarks protect brand identifiers.

But, patents on the other hand protect inventions or innovations. 

You'd apply for a patent if you've created a new way of doing something, a groundbreaking new product, or something similar.

While you'd apply for copyright protection if you want to secure your creative works.

Copyrights are typically applied for:

• Books and other creative written works,
• Movies, short films, and other similar works,
• Drawings, paintings, and similar artistic endeavors.

What types of logos are eligible for trademark protection?

Okay, so now that I've defined what a trademark is, and what makes it unique from patents or copyrights:

Let's explore what types of logos are eligible for trademark protection. 

Logos typically fall into one of these categories:

• Wordmarks: These are logos that consist of text or stylized letters, such as company names or brand names, presented in a distinctive font or style.
• Symbol or icons: Logos that use a symbol, icon, or design to represent the brand. These can be abstract or representational.
• Combination marks: Logos that combine text and a symbol or icon. This type of logo is versatile and can be used with or without text.
• Emblems: Logos that feature text inside a symbol or icon, often creating a badge-like appearance. Emblems often have a traditional or classic look.
• Mascots: Logos that incorporate a character or mascot to represent the brand. These are often used to create a friendly and approachable brand image.
• Lettermarks or monograms: Logos that use initials or abbreviations of the brand name, often stylized in a unique way.

How do you trademark a logo? (A step-by-step guide)

Okay, so now that I've gone over a bit about trademarks, let's get into a step-by-step for how you can trademark your logo:

Step 1: First off, conduct a trademark search

The first (and an extremely important) step when looking to trademark your logo is to conduct a trademark search.

Now this generally comes in two forms.

You can conduct a free trademark search on our website, looking for identical or similar trademarks in trademark classes that you wish to register in.

However, this may not be sufficient to prove that your trademark is truly unused.

That's because trademark attorneys are able to conduct more comprehensive search outside of the databases available to the public.

Having a comprehensive trademark search done reduces the risk that your mark is rejected during the trademark application process.

Step 2: Consider whether a common law trademark may be enough

On certain occasions, you may not need to register your trademark.

However, realistically, this is uncommon.

Without formal registration, your trademark is only protected under common law, which offers limited protection, usually restricted to the geographic area where your trademark is used.

This means that if someone else uses a similar trademark in a different area, you may not be able to stop them.

Completing US trademark registration with the USPTO provides:

• Nationwide protection,
• Legal presumption of ownership,
• And the exclusive right to use the mark on the goods or services listed in the registration.

Additionally, federal registration allows you to take legal action in federal court and use the ® symbol, which can act as a deterrent against potential infringers

Step 3: Consider getting a federally registered trademark

Ultimately, it's a good idea to get a federally registered trademark.

But, how do you even get started?

Well:

Remember that you'll need to decide on the type of trademark application right for your needs.

For example, if you're not currently using your trademark in commerce, you'll need to file what's known as a "intent-to-use trademark application."

Once you start using the trademark, you must file a Statement of Use or an Amendment to Allege Use.

However, if you're going to file an ordinary trademark application where your trademark is currently used in commerce, you'll need to provide a date of first use and a specimen showing the trademark in use.

We also wouldn't recommend registering your trademark by yourself.

Hire an attorney or specialized service.

Trademark attorneys are trained in trademark law, and navigating the nuances of the complex legal field.

That brings me to my next point.

Step 4: Ready to register? Contact a trademark attorney to get registered

If you've got your "ducks in a row" and feel ready to protect your trademark, consult with a registered trademark attorney.

Our trademark attorneys, along with assisting with your trademark application, can help advise you on:

• The correct classes to register for,
• Your brand intellectual property strategy,
• And the viability of your trademark both nationally and internationally.

At Trademarkia, our qualified and experienced intellectual property attorneys have filed countless trademarks.

In fact, our firm has helped over 120,000 businesses protect what's theirs.

What are you waiting for? Go to Trademarkia and get your trademarked logo today.

Step 5: Receive your registration certificate

After your trademark application is approved by the examining attorney at the United States Patent and Trademark Office (USPTO), it'll be published in the Official Gazette.

This publication gives the public an opportunity to oppose the registration if they believe it will harm their existing trademark rights.

If no oppositions are filed, or if any oppositions are resolved in your favor, your trademark proceeds to the next step.

The USPTO will issue a registration certificate, officially granting you the rights to the trademark.

However, for intent-to-use trademark applications:

After publication and the opposition period, you need to file a Statement of Use (SOU) showing that the trademark is now in use in commerce.

Once the SOU is accepted, the USPTO will issue the registration certificate.

Step 6: Maintain your trademark

If you're familiar with trademarks, you might've heard of "trademark renewals."

These have to be done every 10 years (along with a Statement of Continued Use between the 5th and 6th year before the first renewal only).

At Trademarkia, we can handle this for you, ensuring that you never have to worry about renewing your trademark again.

Ensure that your trademark remains yours the smart way with Trademarkia.

Learn more about the trademark registration process in our blog article “The Trademark Registration Process in 4 Key Stages.”

Can you get a trademark registered for free?

Unfortunately, there's no way to register a trademark for free.

However, you can't neglect trademark registration.

Protecting your trademark is absolutely vital to ensure that what's yours, stays yours.

Trademark your logo with Trademarkia

Trademarking your logo ensures that one of your brand's most important intangible assets remains protected.

Ready to start the trademark application process?

Our experienced trademark registration attorneys are located all over the globe, and are ready and able to assist.

Secure your logo and complete your trademark registration online today with Trademarkia.