How to Trademark a Design Logo
A logo is more than just a graphic—it represents your brand’s identity, reputation, and trustworthiness. If you want to protect your logo from being copied or misused, trademarking it is one of the smartest legal steps you can take. In the United States, trademarks are handled by the U.S. Patent and Trademark Office (USPTO).
This guide explains how to trademark a design logo, step by step, in simple terms so business owners, startups, and entrepreneurs can understand the process with confidence.
What Is a Design Logo Trademark?
A design logo trademark safeguards a visual branding, graphic or stylized art that represents your brand.
This includes:
- Logos with images or symbols
- Stylized fonts or handwritten fonts.
- Combination marks (design only).
As opposed to a word mark, which safeguards the name of the brand, a design mark safeguards the particular look and appearance of your logo.
Why Trademarking Your Logo Matters
There are a number of advantages to trademarking your logo:
Legal Protection
Registered trademark provides a person with the exclusive right to use your logo in the country in relation to your goods or services.
Brand Credibility
The ® symbol signals professionalism and builds trust with customers, partners, and investors.
Protection Against Infringement
You are entitled to sue in case another business uses a logo that is confusingly similar.
Business Asset
A trademarked logo may be licensed, sold or utilized as a valuable business property.
Before You Apply: Key Things to Know
Some very important requirements are to be known before you file a trademark application.
Your Logo Must Be Distinctive
The USPTO permits to approve only logos in which the origin of goods or services is unequivocal. Generic logos, those that are too descriptive or those used frequently could be turned down.
You Must Be Using (or Planning to Use) the Logo
You can file based on:
Actual use: The logo has been applied in business.
Intent to use: You are going to use it in the near future.
Trademark Does Not Protect Copyright
Trademark protection covers brand identification, not artistic ownership. Copyright law may protect artistic aspects separately.
Step 1: Conduct a Trademark Search
It is necessary to verify the presence of a similar logo before using it.
Search the USPTO Database
Search with the Trademark Electronic Search System (TESS):
- Similar logos
- Goods/services and industries that are similar.
- Similarities (not necessarily the same images) on the visual level.
Why This Step Is Crucial
In case your logo resembles another trademark to a great extent, the application will be rejected. Worse still, you may have to deal with legal wrangles in future.
A trademark attorney or service is often engaged by many businesses to carry out a thorough clearance search to mitigate risk.
Step 2: Choose the Correct Trademark Class
The USPTO demands the applicants to choose a category of goods or services according to the use of the logo.
Examples:
Clothing brands – Class 25
Software services – Class 42
Food and beverages – Class 30 or 32
The wrong class may slow or dilute your trademark registration.
Step 3: Prepare Your Logo for Filing
Your logo should be presented in a good and clear format (usually in JPG).
Important Considerations:
- Send the version that you would like to safeguard.
Color matters:
- Black and white= wider coverage.
- Colorlogo = restricted to the colors.
- No forbidden objects (government seals, flags, etc.) should be included in the logo.
Step 4: File Your Trademark Application with the USPTO
Applications in trademarks are made online via Trademark Electronic Application System (TEAS).
Types of Applications:
- TEAS Plus (cheaper, more demanding)
- TEAS Standard (better rate, more customization)
Information You’ll Need:
- Name of owner (person or company)
- Logo image
- Description of goods or services.
- Basis (use or intent to use)
Filing Fees
Nowadays, the charges are usually based on the type of goods/services and therefore the expenses can be higher in case your company is a combination of several categories.
Step 5: USPTO Review and Examination
Upon application, your application is allotted to a USPTO examining attorney.
What They Check:
- Other trademarks in existence.
- Adherence to legal provisions.
- Descriptions and classifications are accurate.
Office Actions
In case of problems, the USPTO can publish an Office Action, which needs some clarification or amendments. You normally have six months to reply.
Step 6: Publication and Opposition Period
On approval, your logo is put in the Official Gazette.
What Happens Next:
Within 30 days, the populace can disagree with your trademark.
There are few opposition, which may be made in case another brand feels that your logo is infringing on theirs.
In case no objection is made–or you are successful–then the business proceeds.
Step 7: Registration or Notice of Allowance
If already in use: Your trademark is registered.
If intent-to-use: You are given a Notice of Allowance and you have to provide evidence of use at a later stage.
After registration, you are free to use the (r) symbol with your logo.
How Long Does the Trademark Process Take?
The average time of trademark registration in the U.S. is 8 to 12 months depending on:
- Application accuracy
- USPTO workload
The objections or oppositions which may occur.
How Long Does a Logo Trademark Last?
A U.S. trademark lasts:
- Period of 10 years, and renewed after 10 years.
- Maintenance filings between years 5-6.
Protection can be indefinite provided that the logo is still being used and filings are kept.
Common Mistakes to Avoid
- Skipping a trademark search
- Submission of inappropriate logo registration
- Choosing incorrect classes
- Missing USPTO deadlines.
A business name registration is assumed to be a trademark protection.
Should You Hire a Trademark Attorney?
Though not mandatory, it is possible to hire a trademark attorney:
- Reduce rejection risk
- Handle Office Actions
- Guarantee long-term protection plan.
In the case of expanding enterprises, professional advice may be time- and cost-saving in the long term.
Bill Yeager, Co-Owner of High Point SEO & Marketing in CT
