I get asked from time to time about the subject of logo trademarking and how to go about it. While currently, it is not a part of the services I offer. I think it is a good topic for discussion in general. So, here we go. Should I trademark my logo and how do I do it?
To trademark a logo in the United States, you need to file an application with the United States Patent and Trademark Office (USPTO), which involves fees and specific steps. The cost to file online is $350 per class of goods or services.
- Determine if your logo is eligible for trademark protection:
-The logo must be distinctive and not confusingly similar to existing trademarks.
-Consider if you are using the logo in commerce or if it’s an “intent-to-use application”. Meaning, you have a “good faith” intention to use the logo in the future, but haven’t started as yet.
-The steps can be tricky, so consulting with a trademark attorney can help assess eligibility and guide you through the process.
2. Prepare your trademark application:
–Identify goods/services: Determine the specific categories (classes) of goods or services your logo represents.
-Provide a clear image of the logo: Ensure it is a high-quality representation.
-Describe the logo: Provide a detailed description of the logo’s elements.
-Specify the date of first use (if applicable):If you are already using the logo, indicate the date of first use in commerce
3. File your application:
-Online filing (preferred):File through the USPTO’s Trademark Center
– Pay the filing fee: The standard fee is $350 per class of goods or services for online filing.
4. Application review and potential additional fees:
–USPTO examination: The USPTO will examine your application for compliance.
–Potential for amendments: You may need to make changes or provide additional information, which could incur further fees.
–Intent-to-use applications: If you are not yet using the logo, you’ll need to file a statement of use later, which also has associated fees.
- Maintain your trademark:
–Renewals: Trademarks must be renewed periodically (every 10 years) to maintain protection.
–Five-year declaration: You must file a declaration of use (and potentially incontestability) between the 5th and 6th year after registration.
**Additional Costs to Consider:
Trademark attorney fees: Hiring an attorney to assist with the application process can add significant costs (potentially several hundred to a few thousand dollars).
Opposition proceedings: If a third party opposes your trademark, legal fees can be substantial.
Extension requests: If you need more time to use the logo, extension requests incur additional fees.
SUMMARY
Trademarking a logo can be a lengthy (and sometimes) pricey process. However, it IS a part of your business that represents YOU. As such, it’s an investment AND a protection.
If you are in the market for a new logo, website, or marketing plan for your business, please consider Paul Whittler Graphic Design. We have been helping businesses like yours since 2012 with quality digital and print marketing materials. Please call for a free quote at (915) 581-7054, Mon-Fri 9:00am-5:00pm Mountain Standard Time. You may also email us at paul@whittlergraphicdesign.com