Key Takeaways

  • You cannot patent a logo design—trademarking is the correct legal protection method.
  • Filing fees range from $225 to $600 per class through the USPTO, depending on the application type.
  • Trademarking involves additional costs, including legal fees, intent-to-use filings, maintenance fees, and international registration if needed.
  • Trademark protection ensures brand exclusivity, builds trust, and guards against legal disputes.
  • The process involves a search, filing with the correct classification, responding to office actions, and maintaining the registration.
  • An experienced attorney can boost approval chances and help avoid expensive rejections or infringement risks.

What Does it Cost to Trademark a Logo?

The cost to trademark a logo with the U.S. Patent and Trademark Office (USPTO) is $275–$660 as of June 2020, plus legal fees. You can register a trademark with your state for $50-$150, but federal registration offers a great deal more legal protection.

The USPTO offers four different forms, each with different pricing. If you file online using the Trademark Electronic Application System (TEAS), you can choose from three options. File a regular TEAS for $400 or a TEAS RF for $275. You can file a TEAS Plus for $225 if you meet certain terms, such as fitting neatly into one of the standard business groups. Which form you can use will depend on your business and your logo. You can also opt to file a paper form for a flat rate of $600. These fees are valid as of June 2020, according to the USPTO website .

Most businesses also choose to pay a lawyer. A law office can conduct a better search to make sure your logo or business name doesn't belong to anyone else and can help make sure your application is approved. Lawyers might charge between $500 and $2000 to prepare a federal trademark application.

Trademarking a logo can incur several costs depending on factors like the type of application, legal assistance, and additional filings. For federal trademark registration, it’s essential to know the different options provided by the U.S. Patent and Trademark Office (USPTO):

  • TEAS Plus: Costs $250 per class. You must fit into one of the pre-defined categories.
  • TEAS Standard: Costs $350 per class and offers more flexibility for businesses that don't fit neatly into the standard categories.

Beyond USPTO fees, keep in mind that additional expenses might arise, such as filing an "intent-to-use" application if your logo is not yet in commerce, which adds another $100.

Hiring an attorney to navigate this process typically costs between $500 and $2,500, depending on the complexity of your logo and business category. While some businesses attempt to manage the application themselves, an attorney can conduct a comprehensive trademark search and provide expert advice, increasing the chances of approval.

What Is a Logo?

A logo is a design that your company uses on its products, signs, or ads to identify yourself. A logo is often a visual image of your company name, like the logos for Coca-Cola or McDonald's. Other logos are designs that represent a company without using words, like the Apple logo or the Nike swoosh.

What Is a Trademark?

Trademark offers the legal right to keep others from using your company name, logo or tagline . Any design, symbol, word, or phrase that denotes your business as the source of a product can be protected by trademark. If your company sells services rather than goods, you would use a "service mark" instead of trademark, but most people use the word "trademark" for both.

Understanding the Difference: Patent vs. Trademark for Logos

Many people ask how to patent a logo design, but it's important to clarify that logos cannot be protected by a patent. Patents apply to inventions or functional designs, not to branding elements. Instead, a logo falls under trademark law. A trademark protects logos, words, symbols, or designs that identify the source of goods or services.

So, if you're wondering how to patent a logo design, the correct legal route is to trademark it through the U.S. Patent and Trademark Office (USPTO). Trademarking your logo gives you the exclusive right to use it in commerce and provides legal recourse against anyone using a confusingly similar mark.

State or Federal Filing?

Getting a trademark from your state is easier and less expensive than filing federally, but only protects you within your state. A federally registered trademark gives you much broader protection and a number of extra benefits:

  • "Prima facie" proof of ownership (courts accept your ownership without further proof)
  • A listing in the USPTO's online records
  • The right to use the ® symbol with your logo
  • Public notice of the trademark, so an infringer can't claim they didn't know about your trademark even if you don't use the ® symbol
  • The right to file a lawsuit in Federal Court if someone else uses your logo
  • The right to recover cash damages and attorney's fees in Federal Court if you've used the symbol "®" on your logo
  • The right to record the trademark with the U.S. Customs and Border Protection Service to block counterfeits at the border
  • The right to register your logo in foreign countries
  • You can apply before you start using the mark

State Trademark

Corporations and LLCs: Business names are registered with the state when they form their business entity. No other business entity can be formed in your state using your name. Business entity formation fees vary by state but are usually under $150.

Sole proprietors and partnerships: Smaller businesses are usually required to register a "fictitious name" form with the state, county, or city. This is often referred to as a DBA ("doing business as") form. Costs vary widely by region, but $50–$150 is typical.

If your logo consists of your business name in a special font or style, no one in your state will be able to copy your logo once your business name is registered. If your logo doesn't include your business name, or you want an extra layer of protection, register your logo with your Secretary of State's office.

Federal Trademark

Register your trademark at the federal level by filing an application with the USPTO. Paper applications are accepted, but electronic applications through the Trademark Electronic Application System (TEAS) or via an online service are preferred. Using TEAS will save you money; the fees for e-applications are $225–$400, while a paper application will cost you $600. If you use your logo for multiple classes — like if you run a diner and also sell t-shirts — you'll need to apply once for each class. Filing fees are not refunded if you are not approved.

In addition to the initial filing fees, maintaining a federal trademark requires ongoing costs. For example, five years after registration, you’ll need to file a Declaration of Continued Use, which includes a $225 fee per class. Failure to file this declaration can result in the cancellation of your trademark. Moreover, every 10 years, a renewal application must be submitted, costing $300 per class. These fees can accumulate over time, especially for businesses with trademarks covering multiple classes of goods or services.

If you wish to expand protection globally, you might use the Madrid Protocol for international trademark registration, which starts at $653, plus additional fees for each country where protection is sought. While this approach streamlines the process, it can get costly depending on the number of countries involved.

Global Business Trademarks

Foreign-owned businesses who want to trademark their logos in the United States have three options: A foreign application, a foreign registration, or a Madrid Protocol application.

U.S. based businesses that want to protect their trademarks overseas will need to register with the government in each country where they plan to engage in trade. Holding a federal trademark will make that process easier.

Holding a trademark for your logo offers you protection against imported goods that might bear a similar logo.

International Trademark Costs

If your business operates in multiple countries, you may need to secure trademark protection in each of those markets. The Madrid Protocol provides a simplified application process for international trademark registration. The base cost is $653, but fees increase based on the number of countries and classes. It’s crucial to research each target country’s specific requirements and additional costs, as they vary significantly. Hiring a trademark attorney familiar with international law is often recommended to navigate the complexities of global trademark registration.

Should You Hire an Attorney or Legal Service to Register Your Trademark?

Some business owners choose to skip the legal fees and do the work themselves. Filing a trademark is much simpler than many legal issues like applying for a patent. It's possible to file an application at the USPTO website in 90 minutes or less.

But there are compelling reasons to hire an attorney. More than 50 percent of trademark filings (some sources say 80 percent) are rejected at first. Completing the process takes between six months and three years, which is a huge distraction for someone trying to build a business. The forms and instructions are written using legal jargon and can be confusing to non-attorneys.

An expert trademark attorney will charge $1,000–$2,000. A lawyer can offer other services like a deeper search for conflicts and ideas to make your logo more unique and useful. An attorney will also help if your application is rejected, while a legal service website will simply forward the rejection to you. Legal services can often do the same work for a lower cost .

If your initial filing isn't approved, you could end up paying an attorney anyway to sort out any problems that arise.

A good attorney can also save you money in the long run by ensuring that your logo doesn't conflict with anyone else's trademarks. They will also know how to identify the most relevant business class and fill out the paperwork properly to protect your brand identity. If you are hiring an attorney, ask for referrals from other business owners so you can hire an expert in trademark law.

In addition to the initial application, attorneys can assist with ongoing trademark monitoring and enforcement. Many law firms offer services to watch for potential trademark infringements, helping protect your logo over time. These services typically start around $500 annually, depending on the level of monitoring required. Enforcing your trademark through cease-and-desist letters or lawsuits may involve additional legal fees, potentially thousands of dollars, making the upfront cost of an attorney a worthwhile investment for comprehensive protection.

Reasons You Might Not Trademark Your Logo

Many business owners don't realize that their logo is protected even without being registered . As soon as you use your logo in commerce it is covered by common law trademark protections at the local level. You are legally allowed to claim your logo by using the ™ symbol near it. You'll need to register with your state or with the USPTO to be protected outside your area.

You might also choose not to register your logo if you can't afford to register both your logo and your name. If you have to choose one, it's best to trademark your company name . Small-scale business owners often create their own logos and may want to change them as time goes by. If someone else starts using your logo, it might be less costly to create a new one rather than going to court. Also, your company name will likely be part of your logo, your domain name, and other branding applications. If you register your company name, you'll be able to protect your brand more broadly than if you just protect your logo.

Reasons to Trademark Your Logo

Common law protection only covers your logo in your local region if you don't register, and doesn't apply at all if someone else is already using the same design. Registering your trademark with the USPTO gives you protection in all states. Holding a federal trademark lets you register your logo in other countries and sue in federal court to protect your branding. Lawsuits let you collect cash awards or even press criminal charges against anyone who tries to use your logo. You'll also be making sure that you're not violating someone else's trademark by using a similar symbol.

Common Mistakes

  • Not thoroughly researching to make sure your logo isn't too similar to one that's already registered
  • Not choosing the correct class of business, or not applying for more than one class if you have multiple revenue streams
  • Trademarking your logo but not your business name
  • Choosing an attorney with no trademark experience

How to Choose the Right Logo for Trademarking

Before trademarking, ensure your logo is distinctive and doesn't fall into categories that the USPTO often rejects:

  • Generic or descriptive designs: Basic shapes, clip art, or common industry terms are hard to trademark.
  • Overly detailed artwork: Complex images may lose clarity when scaled and may not meet distinctiveness standards.
  • Similarity to existing marks: The most common rejection is for logos that are “confusingly similar” to existing trademarks.

Choose a logo with unique visual elements that clearly represent your brand and aren’t likely to be confused with another business.

What Are Additional Costs in Trademarking a Logo?

Beyond the basic application fees, several additional costs may arise when trademarking a logo:

  • Intent-to-Use Application: If you’re not using your logo in commerce yet, the USPTO requires an "intent-to-use" application, adding $100 to your filing fee.
  • Extension Requests: If you need more time to start using your logo in commerce, an extension request costs $125 per class.
  • Amendments: Correcting errors or modifying the scope of your trademark application can incur extra fees.
  • Opposition Proceedings: If a third party opposes your trademark, legal fees to contest this can range from $5,000 to $10,000, depending on the complexity of the case.

Steps to Trademark a Logo

Verify Legality: You can't trademark very generic or common designs. If your logo resembles common symbols like a street sign or an emoji you probably won't be granted a trademark for it.

Trademark Search: You or your attorney need to search the Trademark Electronic Search System files for any businesses with similar logos. An attorney will usually charge $300 and up for a thorough search. It's also possible to hire a search company such as Thomson CompuMark to search the records for you. A full search is vital to make sure you can't be sued by someone who is already using your logo and to be certain your application won't be denied. If you try to trademark a logo that is already taken, your application will be denied and fees will not be refunded.

A logo belongs to the first business who uses it in a region, whether it's registered or not. If another company is using a logo that you were using first you may have some recourse. But you should probably address that with the other company before you apply for your trademark.

Trademark Application: This step usually costs $275 if you file online with the USPTO, plus attorney fees of $200 and up. You need to file a separate application and pay a separate fee for each class of goods or services your business engages in. The USPTO has a list of 45 different classes, such as "jewelry products" or "plumbing." If you engage in more than one class of business, you'll need to file a separate application for each, but most businesses only need one. If you're already using the logo, you'll file a regular application. If not, you'll file a special "intent to use" application, which is a little more complex.

The USPTO prefers electronic applications at its website, www.uspto.gov. Fax applications are not accepted. Paper applications should be mailed to Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451.

Review: Once your application is filed, it will be reviewed by an examining attorney. That person's job is to decide whether your trademark request complies with the Trademark Act of 1946, 15 U.S.C. §1051 et seq., and the Trademark Rules of Practice, 37 C.F.R. Part 2. This process can take several months.

Office Action: If the trademark office finds issues that need to be addressed, they will send an "office action" asking you or your attorney to address the problems.

Opposition: If you aren't denied during the review, the USPTO will put your logo up for "opposition." This process allows anyone already using the logo to protest your logo if it's similar to theirs. If no one opposes, your trademark will be listed on either the Primary or Supplemental Register and you will own the logo.

Statement of Use: If you were not already using your logo at the time of filing, the USPTO will issue a Notice of Allowance about 12 weeks after you apply. You then have six months to either file a Statement of Use (with a $100 fee) or request a six-month extension.

Maintain: Five years later, you need to submit a "Declaration of Continued Use" along with a $100 fee and proof that you are still using the logo. After nine years, you need to file a renewal, along with a fee of $400-$500 per class of goods/services.

Trademark Watch: You'll need to watch for others who try to use your logo so you can enforce your rights and protect your brand. Your attorney or a trademark company like Thomson Compumark can set up a "trademark watch" that will alert you when someone else's logo matches yours too closely. You can respond by sending a cease and desist letter or by bringing a lawsuit.

Trademark Classes and Their Impact on Cost

The cost of trademarking your logo largely depends on how many trademark classes your application covers. The USPTO breaks products and services into 45 different classes. Each class you include in your application requires an additional filing fee.

Here are some common trademark classes for logo protection:

  • Class 25: Clothing and apparel
  • Class 9: Software or downloadable apps
  • Class 35: Advertising and business management
  • Class 41: Education and entertainment services

Filing for one class costs $250–$350 depending on your form type (TEAS Plus or TEAS Standard). If your business offers products or services across multiple classes, you must file and pay for each class separately.

How Long Does It Take To Trademark a Logo?

About six months after filing, you should receive a serial number that you can use to check the status of your application. The whole process usually takes between six and nine months but can stretch on for up to three years in complex cases.

Where to Get Help

If you have questions about trademarking your logo, you can post your question or concern on UpCounsel's marketplace. UpCounsel accepts only the top five 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. They work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.

Trademarking your logo is an important step in setting up your business. Your logo, along with your business name, is at the heart of your brand identity. Registering your trademark will help you protect your brand. Your customers won't be fooled by inferior knockoffs or businesses using a similar design.

Should You Copyright Your Logo Too?

While trademarking your logo protects it in a commercial context, copyright can protect the artistic expression of the logo itself. Copyright arises automatically when a logo is created and fixed in a tangible medium, but registering it with the U.S. Copyright Office offers additional legal advantages.

A copyright registration can:

  • Serve as evidence in court for ownership disputes.
  • Allow you to collect statutory damages if someone copies your design.
  • Protect against unauthorized reproduction in different formats or contexts.

If your logo includes original illustrations, consider registering both a trademark and a copyright for comprehensive protection.

Frequently Asked Questions

  1. Can you patent a logo design?
    No, you cannot patent a logo. Logos are protected under trademark law, not patent law. If you want to secure rights to your logo, you must trademark it.
  2. What’s the difference between a trademark and a copyright for logos?
    A trademark protects the use of a logo in commerce, while a copyright protects the original artistic design of the logo itself.
  3. Is it better to hire an attorney for trademarking a logo?
    Yes, hiring an attorney improves your chances of approval and ensures your logo doesn’t conflict with existing trademarks. It also helps avoid costly rejections or litigation.
  4. How long does a trademark last?
    A trademark can last indefinitely as long as it is renewed periodically (every 10 years) and is still actively used in commerce.
  5. Can I trademark a logo that I haven’t used yet?
    Yes, you can file an “intent-to-use” application, but you’ll need to file a Statement of Use later and pay an additional fee to finalize the trademark.

If you need help with understanding how to patent a logo design, 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.