Key Takeaways

  • Trademarking your logo gives you nationwide legal protection and exclusive rights to use it.
  • Without a registered trademark, you only have limited common law rights, which are harder to enforce.
  • The process requires a USPTO application, fees, and potentially legal review to avoid rejection.
  • State trademarks offer narrower, local protection, while federal trademarks cover all U.S. states.
  • Trademark protection applies to words, designs, and symbols that identify your brand.
  • Alternatives like copyright may protect artistic aspects of your logo but do not secure brand use.
  • Early registration is critical to prevent others from claiming or misusing your logo.

Should you trademark your logo? Yes, trademarking a logo is an important part of protecting your business's intellectual property. If you fail to trademark your logo, you will have no way of preventing others from using it, and you may even end up losing the rights to it.

Why You Should Trademark Logos

Protecting yourself legally is the best reason to trademark a logo. Registering a trademark also serves to alert the public that you are the mark's owner and have sole rights to the mark. You are only allowed to use the ® symbol after you have registered your trademark with the United States Patent and Trademark Office (USPTO).

The USPTO offers registrations for two different marks: trademarks and service marks. A trademark's purpose is to brand a product or good, and a service mark, as its name suggests, identifies the source of service.

Just because you haven't registered your trademark with the USPTO, it doesn't mean that you can't use the mark. The moment you use a logo on a good or product, you have created something known as a common law trademark. With common law trademarks, you can use the ‘TM' symbol, and a common law service mark can be indicated with the ‘SM' symbol. Common law marks do provide some legal protections, but they are limited.

If you want to protect your logo across the country, a federal trademark registration is the best solution. For instance, if you are ever involved in a lawsuit, a trademark registration proves your ownership of your mark and when that ownership first started.

Common Risks of Not Trademarking Your Logo

If you delay or avoid trademarking your logo, you expose your business to several risks:

  • Loss of exclusivity: Another business could register a similar logo and block you from using yours.
  • Rebranding costs: If you lose a dispute, you may have to redesign your logo, update packaging, and change marketing materials.
  • Weakened legal standing: With only common law rights, you may struggle to stop infringers or recover damages in court.
  • Reputation harm: A competitor using a confusingly similar logo could damage your brand’s credibility.

Registering early strengthens your ownership claim and reduces the risk of costly disputes.

Steps to Trademark a Logo

If you want to trademark a logo, you will need to file the correct application with the USPTO. After the USPTO has received your application, they will review it to make sure that your trademark meets the qualifications for registration.

One trademark registration will not cover all of your business's branding. You will need to file separate registrations for items such as:

  1. Your company's logo.
  2. Your company's name.
  3. Your company's domain name.

In general, the trademark registration process can take up to 16 months, although your application may get approved sooner. Your logo will be legally protected as soon as you have filed your trademark application, so you can start using your mark right away.

Costs and Timeline of Trademarking a Logo

The cost of trademarking a logo varies depending on your application. USPTO filing fees generally range from $250 to $350 per class of goods or services. If your logo applies to multiple product categories, you must pay for each class. Additional costs may include:

  • Attorney fees (if you hire one to guide your application).
  • Office action responses (if the USPTO requires clarification or finds potential conflicts).

On average, the USPTO review process takes 12 to 18 months, although your logo gains certain protections once the application is filed. During this period, you may need to respond to examiner questions or oppositions from other businesses.

The Difference Between Federal and State Trademarks

The main difference between state and federal trademarks is their scope. A state trademark only provides legal protections for your mark in the state where the registration occurred. If you receive a federal trademark, your logo will have protection nationwide. The only drawback of federal trademark registration is that it is reserved for companies that do business in multiple states.

If your business only conducts business in one state, then you may find the protections afforded by a state registration adequate. Businesses that operate online or in several states need the extra protection of a federal trademark registration.

Choosing Between Trademark and Copyright for a Logo

Many business owners ask whether they should pursue a trademark or a copyright for their logo. While both offer intellectual property protection, they serve different purposes:

  • Trademark: Protects your logo as a brand identifier in commerce, giving you the right to stop others from using a confusingly similar mark.
  • Copyright: Protects the artistic expression of your logo, such as original drawings or graphic design elements, but does not stop someone from using a similar design as a brand.

For most businesses, trademarking is more effective since it protects your logo as part of your brand identity. Copyright protection can still be useful if your logo has unique artistic value or is used in creative works.

What Do Trademarks Protect?

Typically, a trademark protects one of the following items:

  1. A word.
  2. A phrase.
  3. A design.
  4. A symbol.
  5. A combination of the above items.

Your customers will use your trademark to identify your company's products, which is why protecting your mark is so important. Once you've registered your trademark with the USPTO, you will be able to prevent other people from using your mark on their product.

With a strong trademark, you can distinguish your products from your competitor's and can develop a strong relationship with your customers. For large corporations, trademarks can be an extremely valuable asset.

Because consumers will associate your trademark with your company, you should trademark every item that will be visible to the public, including the name of your brand and your business logo. If you find that someone else is using your trademark without your permission, you can file a lawsuit against them for trademark infringement.

In some cases, you may also want to apply for a copyright to protect your logo. A copyright protects original works of authorship such as paintings and photographs. If your logo includes a unique design and you're using it on items such as apparel, then applying for a trademark can be a good idea.

How Long Does a Logo Trademark Last?

Once registered, a federal trademark can last indefinitely if properly maintained. Key points include:

  • Initial term: A trademark lasts 10 years from the date of registration.
  • Renewals: You must file a maintenance document between the 5th and 6th year and then renew every 10 years.
  • Continuous use: You must keep using the logo in commerce; abandoned trademarks can be canceled.

This means your trademark can protect your logo for as long as your business exists, provided you meet USPTO renewal requirements.

Frequently Asked Questions

1. Should I trademark my logo or my business name first?

Ideally, both should be trademarked, but if you must prioritize, start with the name since it appears in more contexts.

2. Can I trademark a logo for free?

No. While you can establish common law rights through use, formal USPTO registration always requires filing fees.

3. How long does it take to trademark a logo?

Most applications take 12–18 months to process, though you gain protections as soon as you file.

4. Do I need an attorney to trademark my logo?

You can file on your own, but an attorney can help navigate refusals, conflicts, and office actions.

5. Can I trademark a logo internationally?

Yes, but not automatically. You’ll need to file through treaties like the Madrid Protocol or apply in each country separately.

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