How to Trademark a Logo: What You Need to Know

Maintaining a consistent brand identity is essential to your company’s success in today’s ultra-competitive business landscape. As such, the importance of trademarking your brand logo cannot be overstated.

When you trademark a logo, you position your company to create a lasting impression in the minds of its target audience and assert your brand’s uniqueness from its competitors. It's a strategic move that safeguards your logo and reinforces your brand's authenticity and trustworthiness, setting your business on a path to stand out in a crowded marketplace. 

Trademarked Logos: A Brief Overview

A trademark is a unique symbol, word, or phrase that identifies and distinguishes a product or service from others in the market. It signifies the source of a product or service and acts as a badge of origin. When you trademark a logo, others are prevented from using a similar emblem that could confuse consumers. Your company is also empowered to take meaningful action in the event someone does infringe on its intellectual property rights.

There are several types of logos eligible for trademark protection:

• Wordmarks (aka Logotypes)
  These are text-only logos that consist of the company or brand name. The Coca-Cola logo and the Google logo are both examples of wordmarks.
• Pictorial Marks
  These are image-based logos that use a specific graphic or symbol to represent the brand. Examples of pictorial marks include the Apple logo and the Nike swoosh.
• Abstract Logo Marks
  These logos use abstract geometric forms or shapes to convey the brand identity. Widely recognized abstract logos include the Adidas logo and the Pepsi logo.
• Mascot Logos
  These logos incorporate illustrated characters or mascots to represent the brand. Examples include the KFC Colonel Sanders logo and the Pringles logo, Mr. Pringle.
• Combination Marks
  These logos combine text and a symbol to create a unique brand identity, such as the Burger King and Lacoste logos.
• Emblem Logos
  These logos feature text inside symbols or badges, creating a unified design. Examples include the Starbucks logo and the Harley-Davidson logo.

Why Trademark a Logo?

A trademarked logo assures customers of your brand's authenticity and instills a sense of trust and loyalty. It plays a pivotal role in establishing your brand identity in the market, thereby enhancing brand awareness among your target audience.

When you trademark a logo, you also gain the power to prevent competitors from using similar logos that may confuse your customers, safeguarding your unique position in the market and reinforcing your brand's reputation.

Finally, trademarking a logo opens the door to lucrative commercial licensing opportunities. By licensing your logo to other businesses or organizations, you can generate additional revenue streams and expand your brand's reach. With commercial licensing, your trademarked logo becomes a valuable asset that can contribute to the growth and success of your business.

Registering Your Trademarked Logo

To obtain trademark protection in the United States, you must register your company’s logo with the U.S. Patent and Trademark Office (USPTO).

Registering a logo is a complex process that involves multiple steps and requires careful attention to detail. Key considerations and milestones include:

• Logo Design
  To achieve registration, your logo must be distinctive in design. Consider factors such as color, typography, and overall aesthetics to create a logo that effectively communicates your brand message to your target audience.
• Trademark Search
  You cannot trademark a logo that infringes or conflicts with another party’s registered trademark. Before submitting an application for a logo to be registered with the USPTO, it’s in your company’s best interest to conduct a comprehensive search for active trademarks that are identical or similar to your logo design.
• Application Preparation
  Now, it’s time to prepare your trademark application, which includes providing all necessary information and documentation. You’ll need to provide your company’s name and address, a clear representation of the mark, a description of the goods or services associated with the mark, and the filing fee.
• Application Submission
  Once all elements of the application have been completed, it may be submitted to the USPTO. This can be done by mail or online through the Trademark Electronic Application System (TEAS). Make sure to review your application carefully before submission to avoid any errors or omissions.
• Application Review
  Once submitted, your application will undergo a review process by the USPTO. This review includes examining the application for compliance with statutory requirements and conducting a search for conflicting marks. The USPTO may issue an office action requesting additional information or clarification.
• Publication
  If your application to trademark a logo passes the examination process, it will be published in the USPTO's Official Gazette. This allows third parties to oppose the registration of your trademark if they believe it conflicts with their own rights.
• Registration
  If no oppositions are filed within the specified time period (usually 30 days), and all other requirements are met, your trademarked logo will be registered. You will receive a Certificate of Registration from the USPTO.
• Maintenance
  Once you trademark a logo, it is crucial to maintain registration by filing periodic maintenance documents with the USPTO and paying the required fees. This includes filing a Declaration of Continued Use or Excusable Nonuse between the 5th and 6th year after registration and filing a combined Declaration of Use and Application for Renewal every 10 years thereafter.
• Continuous Use
  To ensure the trademark registration remains valid, your trademarked logo must be consistently used in commerce; otherwise, registration may be revoked. Consistent use may include displaying the trademarked logo on packaging, labels, marketing materials, and any other medium through which your products or services are presented to the public.

Defending and Enforcing Trademark Rights

Once you trademark a logo, it’s crucial to be vigilant in defending and enforcing your company’s exclusive trademark rights. This begins with monitoring the market for potential infringements and conducting regular trademark searches to identify any unauthorized use of your logo. Trademark monitoring services can also be engaged to handle this task.

A “cease and desist letter” can be a powerful tool in the event you do come across any instance of infringement. Such a letter formally notifies the infringing party of your trademark rights and demands they stop using your logo immediately. It serves as a warning and can often resolve the issue without the need for further legal action.

However, in some cases, legal action may be necessary to protect your trademark. Trademark litigation can be pursued against infringers who refuse to comply with the cease and desist letter or continue to use your logo unlawfully. This legal process involves filing a lawsuit and seeking remedies such as injunctions, damages, or even the transfer of the infringing domain or product.

Going International: The Madrid Protocol

Trademark registration granted by the USPTO is specific to the United States. If you wish to safeguard your company’s logo from infringement overseas, you will need to apply for registration in each foreign jurisdiction where you’re seeking protection.

The Madrid Protocol is an international treaty that simplifies this process. It allows citizens and companies in signatory nations, including the United States, to trademark a logo in multiple countries and geographic areas by submitting a single application to their national trademark office. This application is then forwarded to the World Intellectual Property Organization (WIPO), which reviews and processes it.

Once the international application is accepted by WIPO, it is forwarded to the trademark offices of the countries where the protection is sought. These offices examine the application based on their national laws and regulations. If approved, the trademark is granted protection in those countries.

One of the main advantages of the Madrid Protocol is its cost-effectiveness and efficiency. Instead of filing separate applications in each country, the international application simplifies the process and reduces administrative burdens. Moreover, the Madrid Protocol allows trademark owners to manage and renew their international registrations through a centralized system, making it easier to maintain and protect their trademarks globally and on foreign goods.

It is important to note that the Madrid Protocol requires that applicants have an existing trademark registration or application in their home country, known as the "basic mark." This basic mark serves as the foundation for international application and provides a basis for seeking protection in other countries.

Trademark law is highly complex and notoriously difficult to navigate.

If you are seeking to trademark a logo or need legal assistance enforcing or defending your rights, Axiom offers access to the world’s deepest bench of on-demand legal talent, including hundreds of experienced trademark and intellectual property lawyers.

Explore our network of attorneys or contact us to find experienced intellectual property lawyers.

Axiom is not a law firm and does not provide legal advice. Our clients' legal teams supervise the legal work of the Axiom lawyer.

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