Key Takeaways

  • A trademark design protects a logo, symbol, or stylized word that identifies the source of goods or services.
  • Designs must be distinctive and not confusingly similar to existing trademarks.
  • Design patents and trademark designs serve different purposes—patents protect ornamental appearance, while trademarks protect source identifiers.
  • Before applying, businesses should conduct a trademark search through the USPTO database to ensure the design is available.
  • The registration process involves filing through TEAS, paying fees, and responding to office actions if needed.
  • Trademark owners must actively maintain and enforce rights through renewals and monitoring for infringement.

What is Trademark Design?

A trademark design is any word or icon that represents a company's name, or its brands, products, or services.

Standards for Trademark Design

A company's trademark design must meet United States Patent and Trademark Office standards for uniqueness. The design cannot be too generic, and it cannot resemble a trademark applied for or registered by another company. If your company's design looks too much like another company's design, the trademark office will deny your trademark application.

Understanding Trademark Design vs. Design Patent

A trademark design protects a logo, symbol, or visual identifier that consumers associate with your brand. By contrast, a design patent protects the ornamental features or visual aspects of a product itself. For example, Apple’s bitten-apple logo is a trademark, while the unique shape of the iPhone could be protected by a design patent.

The key distinction is purpose: trademarks identify the source of goods or services, while design patents protect the visual design of functional items. A single product may benefit from both—a patented shape that is also trademarked once it becomes recognizable to consumers.

Trademarks last indefinitely with continued use and renewal, while design patents expire (usually after 15 years). Understanding this difference helps businesses decide the best form of intellectual property protection for their creative assets.

Reasons to Consider Using Trademark Design

  • Registering your trademark gives you priority over its use and allows you to use it across the country. If you don't register the trademark, you can only use it in your industry and local area. If a company in another area or in a similar industry uses a design resembling yours, or one identical to it, you can't stop them.
  • If someone uses your trademarked design without your company's permission, you can sue that company for trademark infringement.
  • If a company outside the United States uses your trademarked design on its products, you can stop that company from importing its merchandise into the United States.

How to Check if a Logo or Design Is Already Trademarked

Before filing, it’s vital to verify that your logo or design isn’t already trademarked. This prevents rejection and infringement disputes. You can take the following steps:

  1. Search the USPTO Database (TESS): Visit the Trademark Electronic Search System to look up registered or pending trademarks that resemble your design.
  2. Compare Similarities: Examine logos with similar shapes, fonts, and color arrangements. The USPTO rejects designs that could cause consumer confusion.
  3. Check Common Law Use: Some unregistered trademarks are protected through usage. Conduct web and social media searches for similar logos.
  4. Consult an Attorney: A trademark attorney can perform a comprehensive clearance search to reduce filing risks and ensure compliance with federal trademark law.

If an existing design is similar, modify your design to make it more distinctive before applying.

Examples — Registering a Logo

There are three ways to register a logo.

  • Copyrighting the logo.
  • Registering a trademark or a design.
  • Registering the logo as both a trademark and a design.

Costs and Timeline for Trademark Design Registration

The cost of registering a trademark design varies based on application type and number of classes of goods or services.

  • USPTO filing fee: $250–$350 per class of goods/services (as of 2025).
  • Attorney fees (optional): May range from $500–$2,000 depending on complexity.

The registration process typically takes 8–12 months. The USPTO will:

  1. Review your application for conflicts and accuracy.
  2. Issue an Office Action if clarification or modification is needed.
  3. Publish the mark in the Official Gazette for opposition.
  4. Grant registration if no objections are filed.

Once registered, renew every 10 years, with a declaration of continued use due between years 5 and 6.

Logo Design Elements

  • Combined Mark: words and an image used as one design unit. Use words cleared for incorporation into the logo. You cannot use words someone already registered as a trademark. For example, Mercedes-Benz has a text and image logo.
  • Stylized Mark: words as described above presented with a stylized or elaborate font. Text-only logos include the eBay and Coca-Cola logos, and the Google and Yahoo! stylized words.
  • Device Mark: an image without words that must have a photo or drawing approved for use as a logo. You cannot use an image already registered as a trademark. Among the image-only symbols are the Nike Swoosh, McDonald's Golden Arches, and the Shell logo.

Building a Distinctive Trademark Design

When creating a trademark design, focus on making it unique and memorable. A strong logo combines originality and simplicity so it’s easily recognizable across different media. Key factors to consider include:

  • Distinctiveness: Avoid generic symbols, common shapes, or overused icons.
  • Color and Font: While colors can strengthen brand recognition, too many may limit flexibility.
  • Versatility: Your design should remain legible in grayscale and at small sizes.
  • Consistency: Use the same version across packaging, advertising, and digital platforms.

Avoid overcomplicating the logo with intricate graphics. The simpler and more distinctive your design, the stronger its legal protection will be.

Common Mistakes

  • Don't assume that obtaining a copyright for your logo is enough. With a copyright, your design has some protection, but not enough. A registered trademark has a date attached to it. You have proof of when you began using the design. If someone uses your design after you obtained the trademark registration, you can sue them for trademark infringement. You do not have much recourse if all if you've only copyrighted your design.
  • If you have a trademark that uses a verbal (text) and non-verbal (image) design, you must convince the trademark office that you're combining two trademarked elements into one trademark design. You will need to show that your non-verbal design can stand alone as a logo without the use of text.

Maintaining and Enforcing Your Trademark Design

After registration, you must actively maintain and enforce your trademark rights. The USPTO does not police infringement on your behalf.

  • Monitor for Misuse: Regularly check online marketplaces, social media, and competitors for unauthorized use of your design.
  • Renew on Time: File maintenance documents between years 5 and 6 and renew every 10 years thereafter.
  • Use Consistently: If you stop using the design for an extended period, you risk losing rights through abandonment.
  • Take Action Against Infringement: Send cease-and-desist letters or pursue legal action if another party uses your logo without permission.

If international protection is needed, file under the Madrid Protocol to extend your trademark design to multiple countries.

Trademark Registrations: Why Are There So Many?

Each element of a trademark contributes to its overall identity and must be protected individually. This means you need to register all components of your trademark design, not just the text or logo alone. For instance, if your mark includes a stylized font or distinctive color scheme, those visual elements may require separate registration to ensure complete protection. Failing to register every unique component could leave parts of your brand vulnerable to imitation or misuse by competitors.

Understanding Fair Use in Trademark Law

Trademark fair use allows others to reference a company’s registered mark without implying sponsorship or endorsement. This differs from copyright fair use, which deals with creative works like music or writing. For example, mentioning a competitor’s brand name in a comparative advertisement or describing a product’s compatibility (“fits Apple iPhone”) is often considered fair use, as long as it doesn’t mislead consumers or suggest a false connection between the companies.

Filing a Trademark Design Application

To register your trademark design, you must apply through the United States Patent and Trademark Office (USPTO). There are two primary filing options:

  1. Online via the Trademark Electronic Application System (TEAS).
  2. Through an online trademark service provider.

Your application must include:

  • Drawings of your trademark design, showing all elements clearly. If it includes color, specify which colors appear and where.
  • The applicable filing fee, which depends on the number of classes of goods or services.

After submission, the process generally takes several months for review, potential corrections, and publication before final registration approval.

Working with a Trademark Adviser

While you can file on your own, many businesses choose to work with a trademark attorney to simplify the process and avoid costly mistakes. Trademark applications often involve complex legal standards around distinctiveness, use, and classification. An experienced attorney can conduct clearance searches, prepare filings, and respond to USPTO office actions effectively.

Steps to File

You can register your trademark design with the USPTO by using the online Trademark Electronic Application System or an online trademark service. The process for registering a design trademark is the same as for any other type of trademark.

Frequently Asked Questions

1. What’s the difference between a design patent and a trademark design? A design patent protects how a product looks, while a trademark design protects logos or symbols that identify the source of goods or services.

2. Can I trademark both my logo and product design? Yes. Many companies hold both protections. A design patent safeguards the product’s shape, while a trademark protects the branding elements associated with it.

3. How long does a trademark design last? Trademark design protection lasts indefinitely as long as it’s in continuous use and renewal filings are maintained.

4. Can I use my logo before registration is approved? Yes, but your rights are limited. You gain full federal protection only after USPTO registration approval.

5. Do I need an attorney to file a trademark design? Not required, but highly recommended. An experienced trademark attorney can ensure your design meets USPTO standards and prevent costly mistakes.

If you need guidance, you can connect with experienced trademark lawyers through UpCounsel. UpCounsel’s network includes attorneys who specialize in business formation and intellectual property, helping companies protect their logos and brand designs efficiently and affordably.