How to Trademark a Logo

[Allen Oneil]

Trademarking a logo is one of the most important steps any entrepreneur takes when protecting his/her business. It may sound easy but it can be quite a tedious process that is best left in the hands of experts that have the knowledge and expertise in this area of intellectual property.

A logo is the identity of any business and is used to help people remember your products and services in the market. When making an original logo, the first step should always be to file a trademark in order to protect it from other people who may knowingly or unknowingly use a similar (or at times) the same logo.

Since it isn’t an easy or fast process, you should hire the best trademarking agents or licensed trademark attorneys to handle it for you. But it’s also good to know an overview of the entire process so in this article, you will learn how to trademark a logo and what you should do before submitting your application.

1. Do a proper search
Most business owners forget the basics—they only focus on the outcome they want and most often than not, they file their trademark applications haphazardly and just end up hoping for the best. This kind of practice may seem safe for some but in reality, thousands of trademark applications are rejected by the United States Patent and Trademark Office (USPTO), the numbers are actually shocking: over 81% of all applications are usually turned down.

These rejections are usually caused because the brand that was being filed for a trademark already exists in the market or is confusingly similar with somebody else’s. The only way to avoid rejection is to do proper research.

Most trademarking companies online will promise a “free search” but what you should look for is a comprehensive search that is in-depth and will let you know firsthand if your brand is trademarkable or not. This step is very important in your trademarking strategy.

2. Legally own your logo
While you do have natural ownership for the logo you created, it doesn’t protect you at all from other people who may use it without your permission. To legally own your logo, you must apply for a trademark registration at the USPTO. This means that the government will acknowledge the ownership and provide documents to prove it.

Having an official trademark registration opens a lot of doors for your logo. This makes it easier for you to make it clear to others that they can’t just use your logo without your permission—and you can sue them for damages if they do. It also protects your logo in the event it becomes worth a lot more in the future, making it easier to sell if you want to.

The entire trademarking process takes at least a year to complete, so it is best if you get the best services your money can’t buy. Avoid cheap services because they usually don’t do a proper search and they will mostl likely charge you extra for other extra requirements that the USPTO might request in the future. Get experienced attorneys or trademarking agents who have years in experience, even ask them if they have a money-back guarantee, to make sure they will fulfill what they promise you.

3. Monitor your trademark
After you get your trademark approved and registered, it doesn’t mean that you can forget about it completely. There are certain paperwork that the Trademarks Office require after a set time period. This depends by country and you have to be aware of all these deadlines.

You also have to watch out for the renewal period so that your trademark won’t be marked as “abandoned”, allowing others to trademark a similar logo that have serious repercussions on your business.

That said, always take your logo seriously by making sure that you protect it. Since you know all about trademarks, you are now ready to take the next step that will help build your business.