How to Put a Trademark on a Logo: Everything You Need to Know

Introduction

To stay recognizable in your market, you need to protect your logo. But what kind of trademark should you get? And how do you go about getting one? 

We know the world of patents, trademarks and copyrights can quickly get confusing. That’s why we created this guide to help you on your way to trademarking your logo and establishing a strong, unique company brand. No matter how small or big your business is.

Keep reading, and we’ll tell you everything you need to know about trademarking your small business logo.

What Is a Trademark?

A trademark is a form of intellectual property that protects brand elements like logos, names and slogans. It grants you exclusive rights to use these elements in commerce and prevents others from using similar identifiers that could confuse consumers.

It’s important to distinguish between trademarks and copyrights:

• Trademarks protect brand identifiers (e.g., logos, names).
• Copyrights protect original creative works (e.g., books, music).

For comprehensive protection, you might consider both trademarking AND copyrighting your logo, especially if it includes unique artistic elements.

Do You Need a Trademark for Your Company Logo?

You don’t always need a trademarked logo—and, in fact, you might already have one without knowing it! We’ll get into why in a minute, but first, let’s break down the main reasons to trademark your logo.

While not mandatory, registering a trademark for your company logo offers significant advantages, including:

• Exclusive rights: Prevents others from using a similar logo.
• Legal protection: Enables you to take legal action against infringement.
• Brand value: Enhances your brand’s credibility and value.

In the U.S., you automatically acquire common law trademark rights by using your logo in commerce. However, these rights are limited geographically and offer less protection than federal registration.

Types of Trademarks

What kind of trademark do you need? There are a few different types of trademarks, offering varying degrees of protection. Here’s what you need to know about your options.

1. Common Law Trademark

• How acquired: Automatically through commercial use.
• Protection scope: Limited to the geographic area of use.
• Limitations: Difficult to enforce and offers minimal protection.

2. State Trademark

• How acquired: Registration with the state’s trademark office.
• Protection scope: Within the registering state.
• Ideal for: Businesses operating solely within one state.

3. Federal Trademark

• How acquired: Registration with the US Patent and Trademark Office (USPTO).
• Protection scope: Nationwide.
• Ideal for: Businesses operating in multiple states or online.

Can Any Logo Be Trademarked?

Not all logos are eligible for trademark registration. The USPTO requires that a logo be:

• Distinctive: Unique and not generic.
• Non-descriptive: Doesn’t merely describe the goods or services.
• Non-conflicting: Not similar to existing trademarks.

Logos that are too generic or closely resemble existing trademarks are likely to be rejected. This is the time to get creative! The more memorable, unusual and, above all, unique your logo is, the stronger your trademark application will be. 

How to Register a Trademark on a Logo (Step-by-Step)

Here’s how to register a trademark on a logo step by step:

1. Decide if you’ll enlist the help of an attorney

While you can certainly do it on your own, working with an experienced lawyer takes the time commitment off your plate, and you know the job will get done right. 

2. Conduct a Trademark Search

Before applying, search the USPTO’s database to make sure your logo isn’t similar to existing trademarks. This step helps avoid potential legal issues and application rejection.

3. Prepare Your Application

Gather the necessary information:

• Logo representation: A clear image of your logo.
• Goods/services description: The products or services your logo represents.
• Usage basis: Indicate whether the logo is already in use or intended for future use.

4. File with the USPTO

Submit your trademark application through the USPTO’s Trademark Center. As of February 18, 2025, the USPTO has retired the ‘TEAS Plus’ and ‘TEAS Standard’ options. Now, there’s just one base application, which costs $350 per class of goods or services.

Extra fees may apply if you leave out required information ($100 per class) or use custom product or service descriptions instead of the USPTO’s standard options ($200+ per class). To avoid surprise charges, it’s best to gather all your details ahead of time… or work with someone who knows the process inside and out!

5. Monitor and Respond

After submission:

• Monitor the application’s status: Regularly check for updates or office actions.
• Respond promptly: Address any issues or requests from the USPTO in a timely manner.

6. Maintain Your Trademark

Once registered:

• Use the ® symbol: Indicates your logo is a registered trademark.
• Renew registration: File maintenance documents between the 5th and 6th year and renew every 10 years thereafter.
• Monitor for infringement: Regularly check for unauthorized use of your logo.

Trademark vs. Copyright: What’s the Difference?

Understanding the distinction between trademark and copyright is crucial:

• Trademark: Protects brand identifiers like logos, names and slogans.
• Copyright: Protects original creative works like artwork, music and literature.

For logos with unique artistic elements, consider both trademarking and copyrighting to get the most comprehensive protection.

Building Your Brand

Trademarking your logo might feel like a pile of tedious paperwork. But it’s these kinds of tasks that help you build up a strong business and plan a bright future for your brand. When you’re caught up in the daily grind of being a small business owner, it can be easy to feel drained or overwhelmed by all the administrative and marketing work it takes to set your business up for success. Luckily, we’re here to help you. And we know small businesses better than anyone!

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