![]() ![]() That means that, without doing anything paperwork-wise, you have the sole legal right to use and amend that logo as you see fit. And if you have a logo or you’re in the process of creating a logo, understanding these tips for trademarking a logo can save you time, money and headaches as you grow your brand.īy simply having a logo, you have what’s known as a common law trademark for your logo. Just make sure to keep up with registration renewals at the five and 10-year marks.You know those little superscript symbols next to brand names and logos-™ and ®? They’re the trademark and registered trademark symbols, respectively. Once you establish your trademark, the legal mark lasts forever. Web businesses or those operating across state lines may want the protection of a federal trademark.Īnyone whose logo identifies a business or profession should seriously consider trademark protection. However, businesses operating in only one state usually find that a state trademark offers enough protection. Federal trademarks offer national protection but are only available to companies conducting business in more than one state. State trademarks only protect a logo in a specific state. However, your logo is protected as of the date of filing, not the date of issue, so you can begin using your trademark immediately. It takes between 10 and 16 months to secure trademark registration with the USPTO. Even if your business name is part of your logo, the two must be registered individually. If you are interested in trademarking your logo, company name, and domain name, each one must be trademarked separately. The USPTO then reviews trademark applications for federal registration. You must complete the appropriate application. ![]() Trademarks are classified by a business' particular goods and services. However, if the logo you want to trademark is found to be too similar to one already in existence, your application will be denied. Keep in mind that a search is not required. Attorneys and professional search companies, like LegalZoom, can also conduct more comprehensive searches. You can perform a trademark search on the USTPO website at to determine if your logo is already in use by someone else. This will determine if your logo is truly unique. And in case of a lawsuit, your trademark registration provides a documented start date for your use of the mark.īefore registering a trademark for your logo, it's best to do a trademark search. To protect yourself nationally, it is best to register for a federal trademark. However, common law trademarks offer limited protection. Common law trademarks use either the "TM" (trademark) or "SM" (service mark) symbol to inform businesses that you own your logo. That's because using a logo creates a "common law" trademark. If you do not officially register your logo with the USTPO, you can still use it. There are two types of marks you can register with the USPTO (1) trademarks, which identify goods or products, and (2) service marks, which are used exclusively to identify services. In fact, the mark ¨ can only be used after the logo is actually registered with the U.S. Registering your mark gives you legal protection and lets the public know you own the mark. Trademarking a logo not only protects it from being used by other similar companies, but it also protects a company from unknowingly infringing upon an existing logo. Trademarks protect words, names, symbols, sounds, and colors and distinguish one company's goods and products from another. The best way to safeguard your logo? Trademark it. ![]() That means (a) protecting your logo and (b) making sure you're not using someone else's logo. Think from the ground up and start by creating a unique and recognizable logo.īut you also want to keep yourself safe on both sides of the logo process. In other words, you want to consider the future now. ![]() After all, Walmart began in 1962 with a single five-and-dime store and is now the world's largest corporation. So, even if you're starting small, you don't know where your company will go-or grow. Ornate details get lost in today's one-glance environment. And simplicity is the name of the game in today's competitive logo world. That's why companies invest big bucks in finding top-notch designs. Logos for well-known companies can be identified at a glance and have tremendous marketing power. They give companies instant recognition with buyers and represent an organization's individuality. ![]()
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