Trademark a Logo

Your logo is part of your brand to identify your business. It's important to protect that brand, and by extension, the logo that represents it. How to do this is to register your logo with the United States Patent and Trademark Office (USPTO) as a trademark, and how to trademark a logo is explained in the steps below.

Steps

  1. Search the USPTO's database for existing trademarks that may be similar to your logo. You shouldn't register a trademark for a logo similar to one that's already registered with the USPTO, so you need to search the USPTO's database for similar logos that are already trademarked. You can do this online or by visiting one of the USPTO's offices.
    • It is recommended that you hire a trademark attorney to help you complete the trademark search. Adoption of a logo that is deemed too similar to another logo will put you at risk of copyright infringement.
    • The USPTO's online database is the Trademark Electronic Search System (TESS). Searches are free, but you'll need to consult the Design Code Search Manual for the codes for any relevant design elements.
    • The USPTO's Public Search Library is also free. It is located in Alexandria, VA and open weekdays from 8:00 a.m. to 5:30 p.m. The USPTO also maintains regional Patent and Trademark Depository libraries with CD-ROM databases, but these databases do not include design mark images.
  2. Evaluate existing trademarks you find for possible conflicts. If you find existing trademarked logos that look similar to your design, use the Trademark Applications and Registrations Retrieval (TARR) database to see whether those registrations are still in effect. You'll need the serial or registration numbers of those trademarks to search TARR. If none of their registrations are currently in force, you can proceed to apply to trademark your logo.
    • The TARR database is updated daily at 5 a.m., so check after 5 a.m. for the most current updates. Furthermore, the TARR database contains important information that is not found on the government's website, its Gazette, or its informational CD-ROM.[1]
  3. Prepare a trademark application. You'll need to prepare a written description of your logo and what it represents. (The USPTO's Acceptable Identification of Goods and Services Manual provides guidance on how to write a description of your logo.) You'll also have to create a depiction of your logo using the USPTO's stylized design format.
  4. File the application with the USPTO. You can simply begin using your logo and registering with your state's Secretary in order to gain limited rights[2], but the correct way to gain full, qualified rights is to file with the U.S. Patent and Trademark Office. There are several ways you can file:
    • Use the Trademark Electronic Application System (TEAS) to submit your application online. TEAS provides the ability to check your application for completeness before submitting, then provides an e-mail summary of your application and a serial number to track it with.
    • Send it by mail to the Commissioner of Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451. Two to three weeks after you send it in, you'll receive a filing receipt and serial number.
    • Deliver it by hand or courier to the Trademark Assistance Center in the east wing of the James Madison Building at 600 Dulany Street in Alexandria.
  5. Follow up on your application. Check the status of your application on the TARR database. Normally, you'll hear back from the USPTO in 3 to 4 months, but it sometimes may take longer. The USPTO will have an examining attorney review your application; if there are any deficiencies in your application or objections from parties affecting by your application, you'll have to address them before your logo can be trademarked.
  6. Set up a "trademark watch" service to safeguard your essential rights. A trademark watch is a service that you pay for whereby someone else, usually a lawyer or organization, guards against someone else infringing on your trademark.[3] These individuals or organizations will help you choose whether to file cease and desist letters or even put in motion trademark infringement lawsuits if your trademark is unlawfully broken.



Tips

  • If your logo includes your company name, you should also register it as a trademark. You'll need to file a separate application to do that, however.
  • If you plan to do business only in one state, you may wish to register your logo as a trademark only in that state by registering with the secretary of state's office. However, this will give you trademark protection only in that state.

Warnings

  • Once the USPTO approves your logo as a trademark, you need to use it or lose your registration. You must also file regular documents with the USPTO to maintain your logo's status as a registered trademark.

Related Articles

  • Create Your Own Trademark
  • Protect Your Trademark
  • Avoid Abandonment of a Trademark
  • Register a Trademark Internationally

Sources and Citations

  1. ↑ http://www.uspto.gov/products/library/ptdl/services/tmsearch.jsp
  2. ↑ http://justcreative.com/2011/01/17/how-to-trademark-a-logo/
  3. ↑ http://trademarks.thomsonreuters.com/watching/watching-products?id=node/450

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