Would you like to know how to trademark a logo?
A logo that you create is central to your brand’s image. It’s also one of the most valuable assets you have in your business.
Think of it this way, what would Nike be worth if it wasn’t instantly recognizable by the swoosh? Well, that mark is worth about $13 billion.
When you trademark a logo, you’re protecting your most valuable asset and you’re setting your company apart from the competition.
Read on to learn what it takes to trademark a logo.
Why Trademark a Logo?
The main advantage that comes with a trademark is the legal protection.
By having an official, federally registered trademark, your company is the only one that can use it. You’re protected under the law.
PayPal has filed suit against music provider Pandora for trademark infringement because they look too similar, according to PayPal.
TRX, the fitness company known for its suspension trainer, successfully won a multi-million dollar judgment against a company that created a knock-off product. It was an infringement of the brand and the product. It has a great product, a strong brand, and a great fitness logo.
This kind of protection would not have been possible if TRX didn’t have the trademark protections in place.
There are some instances where it doesn’t make sense to have a trademark.
It doesn’t make sense to register your logo if you don’t know how long you’ll be in business. You might also decide to change your logo after a few years.
How to Trademark a Logo
The first thing to know about how to trademark a logo is that it’s a long process. It takes a lot of time and it takes about 10 months to go through the trademark process.
State vs. National Trademarks
Depending on your business, you can register the trademark in your state. If you’re a local business with one location and no intention to expand, this might make sense for you. In this case, you’ll want to register your trademark with your state’s secretary of state’s office.
However, if you’re an online business with a national presence, you’ll want to be sure to register your business nationally. That means you’ll have to file with the United States Patent and Trademark Office.
Do Your Research
As you start thinking about whether or not to trademark a logo, start by doing research. You have to ensure that your logo isn’t used by anyone else or it’s not similar to a trademark already in use by another company.
Just about every trademark lawsuit is avoidable with good research.
To research logos and designs, you’ll need to start by visiting the USPTO’s search database.
You need to look at your logo and note all of the design elements that are there and match them with the right code in the USPTO Design Search Code Manual.
You’ll also want to note any keywords, phrases, goods, and services, that your business falls under. You’ll also need to check the international class to make sure that there are no additional conflicts.
There are a few criteria to use when doing your research. Your logo must not:
- Be similar to another logo that’s already in use
- Cannot be offensive or misleading
- Cannot cause confusion in the marketplace
If your logo meets these criteria, then you can proceed.
Use the Logo
If did your research and found that no one is using a logo that’s similar to yours, start to use your logo. This will give you some protection under the law, but you won’t be fully protected.
File the Application
One thing to remember is that you may have a tagline or business name as part of the logo. These must be filed separately, so you’ll have one application for the logo, and another for the business name.
Your application must be complete and meet the USPTO’s strict guidelines. A large percentage of applications that were declined was due to incomplete applications.
You would have to resubmit your application and pay another filing fee.
After you’ve filed your application and it’s been approved, you can then keep an eye out to make sure that no one else is using it or anything that resembles it.
There are trademark watch companies such as CompuMark that specializes in trademark protection. They take the time to do the research so you don’t have to.
Should You File the Application Yourself?
One question you’ll have to answer early on in the process is whether or not you do it yourself, use an online service, or hire an attorney.
There are advantages and disadvantages to each. The main concern for most people who want to trademark a logo is the cost.
At an absolute minimum, it’s $225 for the filing fee for a single class. It also depends on how many classes you want to trademark in and how complex your filing is. You will be responsible for doing the research yourself and filling out the application properly.
On average, online services like Legal Zoom charge about $500. They’ll give you basic research and if there are issues with your application, you’re either on your own or you’ll have to pay more money to have it completed.
An attorney will cost between $1500 – $2000.
Yes, that can be cost prohibitive, but you can increase the likelihood of your application being accepted. It’s been found that attorneys that submit the application are 50% more likely to have them approved than if you do it yourself.
That’s because they will do incredibly thorough research, ensure that the application is complete, and ensure the scope of the trademark isn’t too narrow or too broad.
Your Logo is the Key to Your Success
Your logo is a gateway to connect with your customers. It’s real value, however, gets more powerful over time.
That’s because your customers have had more good experiences with your company, and those positive feelings become associated with your logo.
And that’s also why you want to protect it.
When you know how to trademark a logo, you’re sure to protect your company’s most valuable asset.
If you’d like more great logo tips, check out our blog today.
