How to Trademark a Logo? Stepwise Process, Significance, and Much More

I am a graphic designer by profession, and I often make logos for clients. They like it, publish it with the brand, and think it’s all done. 

But the most common mistake they make is not registering their logo. Once their brand starts gaining commercial thrust, other novice firms register a logo trademark resembling theirs to gain unfair gains in the market. 

This is a serious problem, especially for startups. 

If you are planning to start a firm or have just established one, then let me give you some eye-openers. 

Here, we will discuss how to trademark a logo, the purpose, the benefits, and other peripheral points linked to it. 

What is a Trademark?

The United States Patent and Trademark Office defines a trademark as “Atrademark can be any word, phrase, symbol, design, or a combination of these things that identifies your goods or services. It’s how customers recognize you in the marketplace and distinguish you from your competitors.”

Here, the key points to learn are that it mentions the symbol, design, or the combination of both. So, logo trademarks can be considered any of these 3 options. 

This same organization also mentions that the applying party has the right to the logo as a trademark concerning the goods and services they represent, and not when used in a general form. 

To designate it, you can use the letter “TM” for goods or “SM” for services to signify the trademarked logo. 

Some widely common examples of it are McDonald’s using the “M” shaped logo, Nike using their iconic Swoosh, and Google and Facebook simply using these brand captions in different colors to symbolize their brand. 

You might have observed the Ⓡ or ™ written near a logo. This Ⓡ means the trademark is registered with the trademark office, and ™ represents that it is not. 

Can Logos Be Trademarked?

Yes, logos can be trademarked. Or I should say logos must be trademarked. The definition of “trademark” by the USPTO, as mentioned above, includes a symbol, design, or a combination. 

There is a simple logic: can you use the logo trademarks of the top brands like Apple, Ferrari, Pepsi, etc.? No, you can’t. 

Here, I would like to cite a valuable conversation I came across on Reddit, which says one should not register their logos immediately after developing the business idea. It must be done once they are sure and have set up their brand. 

In fact, a trademark itself comes under the definition of intellectual property along with patents and copyrights, which gives it a broader legal identity in the commercial market. 

How to Trademark a Logo?

The process of trademarking logos varies from country to country. But here we will go through the process of how to trademark a logo in the US. 

So here goes the process: 

1. Preliminary Research: The opening step of the process is to search whether your logo as a trademark has already been registered by another firm. Here, you can reap the wealth of the US trademark database to conduct your research. 
2. Prepare Application: Once you are sure that your logo is unique and not used by anyone earlier, prepare an application for its registration, which requires 
   • Image of your logo
   • Description of the goods or services associated with this logo
   • The date you first used or intended to use the logo for commercial purposes.
   • $350 filing fees
3. File the Application: Visit the USPTO website and follow the steps to submit your application. 
4. Monitor and Respond: Track the status of your application on the website. Usually, the USPTO assigns a government attorney to scrutinize your application. If they find any issue with it, you will be sent an “Office Action,” to which you have to respond within a window of 3 months. 
5. Check the Published Logo: The USPTO releases a weekly trademark official gazette and registration certificates containing the details of the logo. Keep tracking these weekly PDFs and check if your trademark is published or not. 
6. Receive the Registration Certificate: Once your trademark is judged as unopposed, you will receive a trademark registration certificate, which will be your legal document for using and accepting possession over the usage of your logo. 
7. Maintaining Trademark Registration: You must file for a maintenance document of your trademark between the 5th and 6th year of Tm a logo, and then after 10 years of registration to keep it registered. 

Way to Trademark a Logo

There are 2 ways to trademark a logo, namely a standard form mark and a character mark. 

1. Standard Form Mark: This type trademarks the design, color, and graphic elements of the logo. 
2. Standard Character Mark: A standard character mark is a trademark that protects the words or caption, not the design, color, etc. Here, your trademark and logo design might change, but your brand identity remains intact throughout the business life. 

When someone asks me about “how do I trademark my logo”, I always mention this distinction to make them more clear about what they should go with. 

Why Trademark A Logo?

When a business starts, its logo spreads faster than the name or product itself. The more interesting the logo is, the more people will remember it. But when you get a good customer base, you need to protect it so others can’t use it. Here are some key benefits of trademarking a logo. 

1. Claim Legal Protection: Having legal protection of the logo as a trademark keeps your customers, followers, and admirers intact to your brand. It obligates others in the market not to use it to get an unfair advantage. 
2. Raise Brand Trust: As the logo connects to the brand identity, it gradually builds and affirms the trust of the people. 
3. Saves From Rebranding: If you don’t register your logo, someone else can take it and use it, which can also redirect your customer to them due to confusion in branding and logo similarities. 
4. Business Expansion: Tm a logo even makes the brand recognized, irrespective of whether people know the name of the brand or not. 

Mistakes to Avoid While Registering a Logo?

While registering a brand logo as trademark, you might make some common mistakes that may lengthen your trademark approval process. But being aware of and not making them will save your time in launching your brand. 

These mistakes are:

1. Not Researching Thoroughly: The preliminary research conducted might take up your time and efforts, but it is necessary to negate the legal complications in the future in the registration process. 
2. Submitting A Low-Quality Logo: The picture you submit in the application must be clear and sharp. If the scrutinizing authority found it in dull quality, they might reject it and ask you for resubmission. 
3. Making a Wrong Classification: While applying for it, make sure you don’t misclassify your logo and brand. For example, if you want to register your logo for a “sports” brand but later use it for a clothing brand, that would jeopardize your legal claim over the trademark and logo. 
4. Neglecting Maintenance Deadlines: You need to renew your registration after a specific interval. These conditions and provisions are mentioned in the next section for better understanding. 
5. Not Enforcing It: After becoming its rightful owner, you bear the responsibility of enforcing it and checking if others are using it for their branding. 

Is It Necessary to Renew the Logo Trademark?

There are certain provisions about keeping your logo trademark alive. You need to maintain them periodically after a specific interval. 

As per the USPTO, you must file documents for it: 

1. Between the 5th and 6th year of registration
2. Between the 9th and 10th years of registration
3. Every 10 years post the above renewals (i.e., between 19th and 20th year, 29th and 30th year, and so on)

During this process, you need to file a signed declaration that you are continuing the use of this trademark and also submit one class of each of the services or goods you provide. In some cases, the claims are audited, for which you need to produce proof of such goods and services. 

To assist the business, the USPTO has come up with certain rules to simplify the process. These are: 

1. A grace period of 6 months will be provided after the above time intervals expire.
2. If the filings are due on weekends or public holidays, they will be considered on the next business day. 
3. Follow the social toolkit to stay cautious of scammers reaching out to you for trademark renewal. 

Can I Make Changes to the Logo After Registering It?

No, you can’t make changes to the logo after registering it. The altered form of the logo will not be protected under the trademark laws and is prone to being registered and used by others. Even changing the color of the logo is not legally allowed. The only thing you can change is the scale, but it must look the same in all its sizes. 

Here, the simplest remedy is to redesign your logo as trademark and reapply for its registration. After the new trademark is registered, you can go with rebranding. 

For this, you need to file the Trademark Office Section 7 Request form and mention the changes you want to make to it. 

It is totally legal, and you would have seen many top firms doing it. As the Instagram logo evolved over time, Burger King’s logo changed 4 times since its inception, and Coca-Cola and Google are also among those who have changed their logos. 

Conclusion

The logo is the icon that represents your brand. If I say Airbnb, Apple, and Netflix, their logos would quickly appear in your mind when you read or hear these brand names. That is how such pieces of design work, and that is why you must learn how to trademark a logo. 

Here, the thoughts of Paul Rand, the famous  American art director and graphic designer, align the best. 

“A logo doesn’t sell (directly), it identifies.”

FAQs

Sources:

• Trademark Symbols by International Trademark Association 
• How To Protect Your Business Logo With A Trademark by Forbes
• Trademarks & Service Marks by Texas Secretary of State