Creating the perfect logo can be a difficult and timely process, but at the end you are left with the perfect representation of your brand. Now, the only thing left to do is protect it! The final step after finalizing your logo is trademarking. Keep reading for a high level overview on how to trademark your logo.
For best outcomes, we recommend consulting with a lawyer who specializes in this field.
Before You Start
A character, design or style and sound can all be eligible to trademark; however, not all marks qualify as trademarkable. You can learn more about what qualifies in this short video. Once you have identified your trademark, you will define which goods or services it protects. A trademark can be hyper specific or broad. The more defined, the more enforceable the trademark will be. The “basis” of your trademark will either be “use in commerce” or “intent to use.” Determine which is the correct basis of your filing by using the United States Patent and Trademark Office’s (USPTO) resources.
Search the Database
Unfortunately, there is always the chance that another company or individual has beat you to the trademarking process. If someone has already claimed rights to a mark that is used in an area of related products or services, your trademark will not be granted or enforceable. You can do an online search of the electronic database for free here.
Submit Your Trademark Application
Once you have determined your trademark is eligible to be filed, you will need to fill out the electronic application and submit all USPTO fees. This simple application, TEAS Plus, will request the following information (all of which is considered public information after submitted):
- Owner’s name
- Entity Type
- Physical Address
- Phone Number
- Email Address
- Mark Information
- Complete List of Goods & Services
Monitor Application Status
You can monitor the status of your trademark application online. USPTO recommends checking your application monthly to ensure compliance with all deadlines. Once your application is determined to meet the minimum requirements, USPTO assigns and examining attorney to your case for final approval.
To learn more about the USPTO review process stay tuned! We will be bringing you the final steps on “how to trademark your logo” in next month’s blog. Again, we recommend consulting with an attorney who specializes in trademark law to determine the best course of action for your trademarking needs. Learn more about finding a lawyer and USPTO free assistant services.