Trademarking Your Logo: What to Expect
While I’m not a trademark lawyer, I have gone through the trademarking process myself for a few of my own businesses (with and without a lawyer). And I do recommend that my clients trademark their logo to protect their brands and businesses.
Below I’ve answered some of the frequently asked questions I get about the process, how much it costs and what you can expect.
01
Should I trademark my logo?
The short answer: Yes. I encourage all of my clients with serious businesses to trademark their logo and protect their brand.
However, without a registered trademark all logos (that are in use) technically have what is called a common law trademark. So by using your logo for your business, you automatically have some rights in place. But with an officially registered trademark that right to your business’ use of your name and logo becomes much more secure. It also discourages competing businesses from using a similar name or likeness because they can look up and see your business logo/name in the USPTO database which is common practice for new businesses when considering the viability of a name or brand.
In my experience, a trademark is not just a nice to have but can come in handy when building your brand. I once had to use it when submitting a case to instagram to obtain the username for one of my businesses that was being squatted by a ghost account. Within minutes of submitting my trademark paperwork to Instagram, I was immediately granted the username. This is one of the only ways that instagram will release a previously taken or unavailable username to you.
02
What does a trademark protect?
A trademark is a legal designation that protects “a word, phrase, design, or a combination that identifies your goods or services, distinguishes them from the goods or services of others, and indicates the source of your goods or services.” according to the USPTO (United States Patent and Trademark Office).
It tends to get confused with copyrights and patents, as they all exist to protect intellectual property. The difference is in what they exist to protect. Trademarks protect brands, copyrights protect “works” (artistic or literary) like songs, books, artwork, etc. And patents protect technical innovations (i.e. inventions, processes).
It’s important to also note that a trademark cannot protect or grant you exclusive rights to anything generic. For example, when I trademarked “Ash Branding Co.”, I received a call from the USPTO office before they approved my trademark to ensure that I agreed that I was not claiming any rights to the exclusive use of “branding” since that is a broad, widely used category.
03
Do I need a lawyer or can I do it myself?
You can technically do the entire thing yourself. However, if your application gets rejected you will lose out on the fees paid. So, I recommend using a lawyer if you don’t feel confident or have a complex brand/business to protect.
When I trademarked my first business, Ink + Ash, I used a lawyer. Because I was a part of the process, I felt confident enough to trademark my second business on my own.
04
What does the process look like?
If you are working with an attorney, the first thing they will do is provide you legal advice about your trademark. Specifically, providing a trademark clearance search before filing an application.
Once we felt confident moving forward, we needed to fill out an application. You will need a USPTO.gov account to fill out the online application. Once the application is filled, you will need to pay a $250-350 fee per each trademark class.
Once your application is submitted, you will be assigned a USPTO examining attorney who will review your application and in some cases reach out to you with any questions or issues.
If the examining attorney determines that a mark should not be registered, the examining attorney will issue a letter explaining the reasons for refusal. If only minor corrections are required, the examining attorney may contact you by telephone or email.
If the examining attorney raises no objections to registration, or if you overcome all objections, the examining attorney will approve the mark for publication in the "Official Gazette," a weekly publication of the USPTO. If no opposition is filed or if the opposition is unsuccessful, the application enters the next stage of the registration process. It can take three to four months from the time the notice of publication is sent before the applicant will receive official notice of the next status of the application.
Once your application is approved and your registration is issued you will need to file maintenance documents moving forward as trademarks do expire.
05
How much does it cost?
It is different for every business because you pay depending on the number of marks and the number of classes. For example, if my business offers calligraphy/stationery services and photography or design services then I would want to register my mark for each one of those classes. So, essentially if you want to protect your business across a variety of goods/services, trademark fees can go up.
More specific information on trademarking fees can be found here:
06
How long does it take?
The USPTO does not say exactly how long a trademark will take to process. But I can tell you from my own experience that it takes about a year.
07
When should I trademark my logo?
Based on how long the process takes, I recommend trademarking as soon as possible. So once you have your final brand/logo, the next immediate step should be to file and protect your business. However, you will need proof that your logo is in use as part of your application so you will want to have this first (see below).
08
What do I need to file my trademark?
A lot of people think you just need your logo to file. But after going through the application, I learned that you also need to provide “specimens” which is basically proof or examples of how you are actually using your trademark with the goods/services. you identified in your application.
These have to be real examples that consumers see in the marketplace (i.e. screenshots of your website services that have your logo on it and match the services you are trademarking for with the date and URL that it was accessed). They might also include photographs of your logo on brochures or hangtags of your product or product packaging if you sell goods. Customers must directly associate your trademark with your goods or services for your application to be approved.
There are so many technical details when it comes to legally protecting your brand and logo that if you can afford to, I think it is definitely worth it to use a trademark attorney. However, trademarking can be expensive on its own and adding attorney fees can be out of reach for a small business.
The good news is that the USPTO provides lots of information, videos and details on how to trademark and apply. So if you need to do it yourself, you absolutely can.
For more information, visit USPTO.gov:
