Every business or individual who designs a logo for their product, brand or service should consider having the logos trademarked. By doing so, you will gain exclusive rights to using your logo in the United States. This will protect you from competitors who may try to copy or even modify and use the design of your logo. Trademarking a logo is particularly important in the competitive landscape of today’s business, and doing the process the right way can prevent expensive legal processes in the future.

If you are based in New York, understanding how to properly trademark a logo is essential for protecting your business. The process is fairly straightforward, but it’s always a smart idea to work with a lawyer who understands the ins-and-outs of US trademark law to make sure you do everything the right way. At UpCounsel, you can work with experienced business lawyers who understand New York’s trademark regulation.

In this article, we will walk you through the step-by-step process to trademark a logo in New York, including tips on choosing a trademark-worthy logo and tips for getting it registered with the United States Patent and Trademark Office (USPTO).

Step 1: Make Sure That Your Logo Is Trademark-Eligible

The first step to trademark a logo in New York is to make sure that your logo is eligible for federal trademark registration. The USPTO only allows certain types of logos to be trademarked. Generally, a logo must be distinctive, meaning it must not contain any common or generic words or phrases; it must not contain any design elements that are primarily ornamental; and it must not contain words that are too descriptive of the product or service. Additionally, any logos that contain certain types of widely recognizable symbols or artwork, such as a corporate logo or a copyrighted Youtube logo, are likely ineligible for trademark registration.

Step 2: Perform a Thorough Trademark Search

The next step is to perform a thorough trademark search. This is important because it will let you know if your logo is already taken, allowing you to avoid possible legal entanglements down the road. You should conduct at least two types of searches: a standard characters search, to make sure that no other logos have the same words and symbols that your logo does, and a design elements search, which will check to see if your logo is surprisingly similar to any existing trademarks registered with the USPTO. The best way to ensure that you get a comprehensive trademark search is to work with an experienced trademark lawyer.

Step 3: Use the USPTO’s Electronic Trademark System to File Your Application

Once you have determined that your logo is not already taken, you can move forward with filing your trademark application. To do this, you will need to use the USPTO’s online Electronic Trademark System (ETS). The ETS system is a step-by-step process and the relevant forms can be found online. When you file your application, you will also need to pay the filing fee and provide a high-quality picture of the logo. Once you have filed your application, you will receive an application number, which you can use to track the status of your trademark in the USPTO’s database.

Step 4: Monitor the Progress of Your Application

Now that you have submitted your application, you must monitor its progress. Usually, it will take between 12 and 18 months for your application to be approved or rejected, and this period may be shorter or longer depending on the circumstances of your case. During this waiting period, you may need to respond to requests for clarification or to a rejection notice, and it is important to have a lawyer familiar with New York trademark regulations to assist you.

The main takeaway

Trademarking your logo is essential for protecting your business. While the process can be complicated, understanding the basics of how to trademark a logo in New York can be invaluable for ensuring that you have exclusive rights to use your logos and designs. By working with an experienced trademark lawyer and using the USPTO’s online Electronic Trademark System, you can ensure that the process goes as smoothly as possible.


Trademark a Logo,

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