Key Takeaways

  • Trademark logos protect brand identity by preventing confusion in the marketplace.
  • Logos can qualify for both trademark and copyright protection, depending on their creative design.
  • Registering a logo with the USPTO strengthens rights beyond common law protections, allowing nationwide enforcement.
  • Trademark logos must be distinctive—generic or overly descriptive designs may be rejected.
  • The registration process involves a trademark search, filing an application, and maintaining the mark through renewals.
  • Common mistakes include failing to search existing marks, not renewing on time, or assuming copyright alone is enough.
  • A strong trademark logo strategy reduces infringement risk and increases brand value.

A list of trademarks and logos is a record of these protected elements of intellectual property. According to the United States Patent and Trademark Office, a trademark can also be called a service mark and consists of a symbol, device, name, and/or word that distinguishes the unique goods and/or services a company provides. 

What Is a Trademark?

Any distinctive mark can be considered a trademark, regardless of its form. It must be recognizable by the public. Nike's iconic "swoosh" symbol is often cited as the ideal example of a trademark, because you automatically recognize that a garment with the swoosh logo is a Nike product.

A trademark is designed to protect a brand from confusion with similar companies in the marketplace. The three white stripes used on Adidas shoes are another example of a trademark. If another brand uses four white stripes, they could easily be confused for Adidas styles. This not only causes the brand that holds the trademark to lose money but also causes damage to their reputation if the similar-looking product is of lower quality. When another brand's logo is close enough to yours that customers become confused, this constitutes legally-enforceable trademark infringement.

Types of Trademark Logos

Trademark logos come in different forms, and understanding the category your logo falls into helps determine the strength of protection. The main types include:

  • Word Marks – Standard text-only marks that protect the name regardless of style (e.g., “Coca-Cola”).
  • Design Marks (Logos) – Unique graphic designs or symbols (e.g., Apple’s bitten apple).
  • Combination Marks – A mix of words and images, where both elements are protected together (e.g., Adidas’ wordmark plus three stripes).
  • Abstract or Stylized Marks – Unique fonts, lettering, or artistic variations that create brand identity.

Distinctive logos—those that are suggestive, arbitrary, or fanciful—receive the strongest protections. In contrast, descriptive or generic designs may face rejection by the USPTO.

Trademark and Logos

Many businesses use both copyright and trademark to protect logos from unauthorized use, since substantial overlap exists between these areas of intellectual property law. Logos fall into a gray area. Most people consider logos to be trademarks because they are a critical means of identification for a business. A logo is considered a trademark when it is used on a product or the product's packaging or label and becomes associated with the business itself. 

When you begin using a logo to identify your business in the marketplace, it is automatically eligible for trademark protection. This allows much broader protection than a copyright would, since trademark protects designs, fonts, colors, and other logo elements that cannot be copyrighted. However, a copyright protects against all unauthorized use, while trademark only protects against use that causes confusion in the local or regional marketplace. For example, Ace Bandages cannot be prevented from using the same trademarked name as Ace Hardware, since they are not in the same industry.

How to Register a Trademark Logo

While a logo begins receiving common law protection once used in commerce, federal registration with the U.S. Patent and Trademark Office (USPTO) offers stronger nationwide rights. The registration process typically includes:

  1. Conducting a Trademark Search – Ensuring no confusingly similar marks are already registered.
  2. Preparing an Application – Submitting the logo, identifying goods/services, and selecting the proper trademark class.
  3. USPTO Examination – An examiner reviews the application for conflicts or deficiencies.
  4. Publication for Opposition – The mark is published so third parties may challenge it.
  5. Registration and Maintenance – Once approved, the mark is registered, but owners must file periodic renewals to keep it active.

Federal registration also enables owners to use the ® symbol, enhancing credibility and enforceability.

Copyright and Logos

Logos that display a certain amount of artistic creativity can be copyrighted as well as trademarked. This designation typically only applies to logos that are very ornate, such as a design that includes an original illustration. In general, a logo can be covered by copyright protection if it could stand alone as an artwork or creation apart from its association with the business. Copyright and trademark protection are not considered mutually exclusive.

Common Mistakes With Trademark Logos

Businesses often make avoidable mistakes when protecting trademark logos, including:

  • Not Conducting a Search – Overlooking existing similar marks can lead to rejection or costly disputes.
  • Relying Solely on Copyright – Copyright protects artistic elements, but without trademark registration, competitors may still use confusingly similar designs.
  • Choosing Weak Marks – Generic or descriptive logos are harder to protect and may be denied by the USPTO.
  • Ignoring Maintenance Requirements – Trademarks must be renewed between the 5th–6th year and then every 10 years.
  • Assuming Registration Is Immediate – The USPTO process can take months, and improper filings may cause delays.

Avoiding these pitfalls ensures stronger and longer-lasting brand protection.

What Do You Gain by Registering Your Logo as a Trademark?

If you design a logo for your business, you could protect your intellectual property with both a copyright and a trademark. Trademark status will protect you from any use that causes marketplace confusion and copyright protects from all unwanted use of your logo. The type of protection that you need is determined on a case-by-case basis depending on the circumstances of unauthorized use. 

Common trademark protection, which takes effect when you begin using the logo, is regional and may be hard to legally enforce. For this reason, you may want to register your trademark with the U.S. Patent and Trademark Office. Doing so gives you exclusive rights such as:

  • Protection under federal law that allows trademark owners to sue those who register similar domains
  • The ability to ask United States Customs and Border Patrol to confiscate imported goods that infringe on your trademark
  • The ability to sue a trademark infringer in federal rather than state court
  • Ownership of your trademark throughout the United States and internationally

Because trademarks do not need to be registered in the U.S. to be legally protected, it is often easier to defend a trademark than it is a copyright. However, suing to defend a trademark in court can be costly.

When developing a new logo, you can avoid trademark infringement as long as you don't fraudulently claim a relationship with a company that has a similar trademark. If the logo in question is artistic enough to be copyrighted, however, you must also consider issues of fair use.

International Protection of Trademark Logos

If your business operates globally, securing international rights to your trademark logo is essential. While U.S. registration provides nationwide protection, it does not automatically extend abroad. Companies can:

  • File in Individual Countries – Apply directly in each jurisdiction where protection is needed.
  • Use the Madrid Protocol – An international treaty that allows a single application to extend protection to over 120 member countries.
  • Work With Customs Authorities – Registering with agencies such as U.S. Customs and Border Protection helps stop counterfeit imports.

International registration ensures that your logo is protected consistently across markets and prevents competitors from exploiting your brand overseas.

Frequently Asked Questions

  1. Do I need to trademark my logo if I already copyrighted it? Yes. Copyright protects the artistic design, but only a trademark prevents others from using similar logos in commerce that cause confusion.
  2. How long does a trademark logo last? Trademark rights can last indefinitely, as long as the owner continues to use the logo in commerce and files required renewals.
  3. Can I trademark a logo myself? Yes, you can file directly with the USPTO, but many businesses work with attorneys to avoid errors that could delay or jeopardize registration.
  4. What symbols can I use with my logo? You may use ™ for unregistered marks and ® only after successful USPTO registration.
  5. Is my trademark logo protected internationally? No, U.S. registration covers only the United States. To secure global rights, you must file in other countries or use the Madrid Protocol.

If you need help with trademarks and logos, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.