How to trademark a logo.

 

You’ve put a lot of work into designing a logo for your business. The last thing you want is for a competitor to design something similar and steal your idea. That’s why it’s a good idea for you to trademark your logo as soon as you start using it (or possibly even before you use it publicly). If you start using your logo and later determine that someone has already trademarked a similar logo, they may be able to prevent you from using it.

First, a business looking to trademark its logo should contact an attorney to begin the process and discuss the steps. Trademark To Go has made the process easy and affordable with our five step process. Certain logos cannot be trademarked, but generally speaking, it’s easier to trademark a logo than a name. A good attorney should be able to explain the advantages and disadvantages of trademarking a logo versus a name.

The attorney should then do a trademark search. This process entails searching government trademark databases and the internet to ensure that no one has an identical or similar trademark. If a similar trademark exists, a competent attorney should analyze whether it’s “confusingly similar.” This standard is used by the US Patent and Trademark Office (USPTO) when it decides whether to reject applications. Be careful here. There are many online document filing services that simply file your application; they cannot analyze your trademark search or provide legal advice since they are not attorneys.

If the attorney believes that your logo is most likely available and qualifies for trademark registration, he will complete the application with the USPTO. The application is long and a bit confusing, and requires certain specific information. Because small flaws in the application can result in rejection (and the USPTO never refunds your application fees!) it’s a good idea to use an experienced attorney.

After your application is filed, it may take the USPTO several months to consider it. The USPTO may challenge your application through a legal process known as an Office action. Your attorney can respond to the Office action with his or her own legal arguments and try to overcome the challenge.

If the government approves your application, it is then open to challenge by competitors with similar trademarks for 30 days. After that period, assuming there have been no successful challenges and you are currently using your logo your trademark will register! If you haven’t used your logo yet, you will then have 6 months to provide proof to the government that you’re using it. After providing that proof, your logo will register.

If you have any other questions about how to trademark a logo, please contact us for a free consultation.

Ready to file your trademark and protect your business?

We may it easy with our five-step process. Call us at (888) 421-0589 or click here to get started!

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