How to trademark a logo
Discover how to trademark a logo step by step so you know what to look out for and what can go wrong when trademarking a logo. Registering a trademark differs from country to country in terms of procedure. Of course we also discuss certain exceptions, such as in China and the US.
What is a trademark logo?
A trademark logo is a combination of a word, phrase, symbol, or design that is used to identify and distinguish the source of the goods or services of one business from those of others. Trademark logos are used to protect the brand identity of a business and to prevent others from using a confusingly similar mark in connection with the sale of goods or services.
Trademark logos can take many forms, including words, logos, slogans, and designs. They can be registered for a wide range of goods and services, including products, services, and online content.
To be eligible for trademark protection, a mark must be used in commerce and must be distinctive. This means that it must be able to identify and distinguish the goods or services of one business from those of others and cannot be confusingly similar to any other existing trademarks.
Trademark protection is granted on a class-by-class basis, which means that you must apply for trademark protection for each class of goods or services that you wish to protect. For example, if you own a clothing company, you would need to apply for trademark protection for your brand name in the “clothing” class, and if you also offer accessories, you would need to apply for trademark protection in the “accessories” class as well.
Trademark protection can last indefinitely as long as the mark is being used in commerce and the owner is using the mark to identify and distinguish their goods or services from those of others. However, to maintain trademark protection, the owner must take steps to enforce their rights and prevent others from using confusingly similar marks.
Why Should You Trademark a Logo?
Trademarking a logo is a great way to protect your business’s identity and to ensure that your logo is not used without your permission. It also ensures that no other businesses use a logo that is confusingly similar to yours. As well, trademarking your logo can help you to build brand recognition and loyalty. Additionally, having a registered trademark can be an effective deterrent to anyone considering using your logo without your consent.
How to trademark a logo
To trademark a logo, you will need to follow these steps:
- Choose a strong and distinctive logo that is not already in use by another business. The stronger and more unique your logo is, the more likely it is to be approved for trademark registration.
- Search the United States Patent and Trademark Office (USPTO) database to ensure that your desired logo is available for trademark. You can do this by visiting the USPTO website and using the Trademark Electronic Search System (TESS).
- File a trademark application with the USPTO. You can do this online through the Trademark Electronic Application System (TEAS). In your application, you will need to provide information about your business, the goods or services you offer, and the logo you wish to trademark.
- Wait for the USPTO to review your application. This process can take several months. If your application is approved, you will be required to pay a fee to register your trademark.
- Use the trademark symbol (TM or ®) next to your logo to indicate that it is a registered trademark. It is important to use the correct symbol and to use it consistently to protect your rights as a trademark owner.
It’s also worth noting that while the USPTO handles trademarks for the United States, you may also want to consider trademarking your logo in other countries where you do business. You can do this through the World Intellectual Property Organization (WIPO) or by filing separate applications with the trademark offices of those countries.
What is the cheapest way to trademark a logo?
The cheapest way to trademark a logo is to do it yourself by filing a trademark application at the official trademark register. In the US this is the United States Patent and Trademark Office (USPTO) and you can file online through the Trademark Electronic Application System (TEAS). This will typically cost around $225-$400, depending on the type of goods or services you offer and whether you are seeking to register your trademark on an “intent to use” or “use in commerce” basis.
If you are a small business owner with a limited budget, you may want to consider using the TEAS Plus or TEAS Reduced Fee (TEAS RF) application options. These options require you to agree to certain limitations on your application and may have slightly higher fees, but they can help to reduce the overall cost of trademark registration.
It’s important to note that while doing it yourself may be the cheapest option upfront, it can also be time-consuming and may not provide the same level of legal protection as hiring an attorney to handle the trademark process for you. If you are not familiar with the trademark process or have complex legal needs, it may be worth considering hiring an attorney to help with your trademark application. This can help to ensure that your application is properly prepared and has the best chance of being approved by the USPTO.
How do I legally protect my logo?
There are a few steps you can take to legally protect your logo:
- Register your logo as a trademark: One of the most effective ways to protect your logo is to register it as a trademark. In the EU you can do this at EUIPO, internationally one uses WIPO and in the US this can be done with the United States Patent and Trademark Office (USPTO). This will give you the exclusive right to use your logo in connection with the sale of goods or services, and it will prevent others from using a confusingly similar mark. To register your logo as a trademark, you will need to file a trademark application and pay a fee.
- Use the trademark symbol: Once your logo has been registered as a trademark, you should use the trademark symbol (TM or ®) next to your logo to indicate that it is a registered trademark. This will help to deter others from using your logo without permission and will make it easier to enforce your rights if someone does use it without authorization.
- Protect your copyright: If your logo is an original work of art, it may also be eligible for copyright protection. Copyright law gives the creators of original works the exclusive right to control how their works are used and reproduced. To protect your copyright, you should consider registering your logo with the Copyright Office and using the copyright symbol (©) next to your logo.
- Use contracts and licenses: Another way to protect your logo is to use contracts and licenses when you allow others to use your logo. For example, if you are licensing your logo to another business for use on their products, you should use a written agreement that sets forth the terms of the license, including how the logo can be used, how long the license will last, and what the licensee must do to protect the logo.
- Enforce your rights: If you believe that someone is using your logo without permission, it is important to take action to enforce your rights. This may involve sending a cease and desist letter or filing a lawsuit to stop the infringing activity. An attorney can help you to understand your options and to determine the best course of action to protect your logo.
How do I make sure my logo doesn't get stolen?
Here are a few steps you can take to protect your logo from being stolen:
- Use the trademark symbol: Once your logo has been registered as a trademark, you should use the trademark symbol (TM or ®) next to your logo to indicate that it is a registered trademark. This will help to deter others from using your logo without permission and will make it easier to enforce your rights if someone does use it without authorization.
- Protect your copyright: If your logo is an original work of art, it may also be eligible for copyright protection. Copyright law gives the creators of original works the exclusive right to control how their works are used and reproduced. To protect your copyright, you should consider registering your logo with the Copyright Office and using the copyright symbol (©) next to your logo.
- Use contracts and licenses: Another way to protect your logo is to use contracts and licenses when you allow others to use your logo. For example, if you are licensing your logo to another business for use on their products, you should use a written agreement that sets forth the terms of the license, including how the logo can be used, how long the license will last, and what the licensee must do to protect the logo.
- Use watermarks and other security measures: You can also use watermarks and other security measures to protect your logo from being stolen or misused. For example, you could use a transparent watermark on your logo to make it more difficult to copy or manipulate the image.
- Enforce your rights: If you believe that someone is using your logo without permission, it is important to take action to enforce your rights. This may involve sending a cease and desist letter or filing a lawsuit to stop the infringing activity. An attorney can help you to understand your options and to determine the best course of action to protect your logo.
It’s worth noting that no method of protection is foolproof, and there is always a risk that your logo could be stolen or misused. However, by taking these steps and being vigilant about protecting your rights, you can help to reduce the risk of logo theft and increase the chances of taking successful action if it does occur.
What is the cost to trademark a logo in the US?
The cost to trademark a logo depends on several factors, including the type of goods or services you offer and whether you are seeking to register your trademark on an “intent to use” or “use in commerce” basis.
In general, the cost to trademark a logo through the United States Patent and Trademark Office (USPTO) can range from $225 to $400, depending on the type of application you file.
Here are the current fees for trademark applications through the USPTO:
- TEAS Plus application (online only): $225 per class
- TEAS Reduced Fee (TEAS RF) application (online only): $275 per class
- TEAS Standard application (online or paper): $400 per class
It’s important to note that these fees are for the initial application only. If your application is approved, you will be required to pay additional fees to register your trademark.
If you are a small business owner with a limited budget, you may want to consider using the TEAS Plus or TEAS Reduced Fee (TEAS RF) application options. These options require you to agree to certain limitations on your application and may have slightly higher fees, but they can help to reduce the overall cost of trademark registration.
It’s also worth noting that while the USPTO handles trademarks for the United States, you may also want to consider trademarking your logo in other countries where you do business. You can do this through the World Intellectual Property Organization (WIPO) or by filing separate applications with the trademark offices of those countries. The costs for these applications will vary depending on the country and the type of protection you are seeking.
What is the cost to trademark a logo internationally?
The cost to trademark a logo internationally varies depending on the countries in which you are seeking protection and the type of protection you are seeking.
One option for trademarking your logo internationally is to file a trademark application through the World Intellectual Property Organization (WIPO). WIPO offers a service called the Madrid System that allows you to file a single application to protect your trademark in multiple countries. The Madrid System is administered by WIPO and is based on two international treaties: the Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating to the Madrid Agreement.
The cost to file a trademark application through the Madrid System varies depending on the number of countries in which you are seeking protection and the number of classes of goods or services you are seeking to protect. For example, the current fee to file a basic application through the Madrid System is CHF 1,200 (around $1,300), which covers up to three classes of goods or services and up to three countries. Additional fees may be required for each additional class of goods or services and for each additional country in which you are seeking protection.
It’s worth noting that the Madrid System is not available in all countries, and you may need to file separate applications with the trademark offices of those countries to protect your logo. The costs for these applications will vary depending on the country and the type of protection you are seeking.
For example, the cost to trademark a logo in the United States through the United States Patent and Trademark Office (USPTO) can range from $225 to $400, depending on the type of application you file.
In Canada, the cost to trademark a logo through the Canadian Intellectual Property Office (CIPO) ranges from CAD$330 to CAD$1,000, depending on the type of application you file and the number of classes of goods or services you are seeking to protect.
In the European Union (EU), the cost to trademark a logo through the European Union Intellectual Property Office (EUIPO) ranges from EUR 850 to EUR 4,000, depending on the type of application you file and the number of classes of goods or services you are seeking to protect.
It’s worth noting that these are just a few examples of the costs associated with trademarking a logo in different countries. The costs for trademark registration can vary widely depending on the country and the type of protection you are seeking. It is a good idea to research the specific costs and requirements for trademark registration in the countries where you are seeking protection.
