Logo Trademark Registration: A Step-By-Step Guide

Table Of Content

• Importance of trademarking a logo
• What is a design mark application?
• Step 1: Ensure your logo meets the necessary USPTO guidelines.
• Trademark application
• Can design trademarks be registered internationally?
• Step 2: Determine Which Category Your Logo Falls Under
• Legal Rights and Protection
• Notice of allowance issues for applications based on an intent to use the mark

All the documents are in order, the forms are filled, and you are ready to hit submit. If you provide a service such as delivering custom-made candles to special events, you would simply supply an invoice or a screenshot of the website where you offer your services. If your logo represents a physical product like a candle, you’d provide a photo of your logo on the candle itself, a photo of the packaging or tags used for the candle, or a photo of the candle on display in a store. Again, it is really important to classify your product using precisely the right words.

Importance of trademarking a logo

If you fail to submit these forms entirely, though, the USPTO will consider your logo abandoned and you will lose all of your legal intellectual property protections. For Madrid applicants, the deadline is six months from the issue date of the office action, with no option for an extension. Click on the headings below to learn about the two types of drawings, the protection each provides, and when a special form drawing is required.

What is a design mark application?

As the intellectual property owner, you have every right to take legal action against anybody infringing on your creations. Once you create something, it’s officially your intellectual property. You have near-total control over it, meaning you decide what to do with it, who you license it to, what the circumstances of the license are, and how much the license costs.

Step 1: Ensure your logo meets the necessary USPTO guidelines.

A copyright protects literary and artistic materials, such as film, writing, audio, books, videos, and computer programming, and is automatically protected upon creation. It cannot be just an idea, but rather a tangible object that people can see. Note that the USPTO application process is lengthy and complicated. This is what happened when a startup online bank called Current found out that Calibra, Facebook’s cryptocurrency service, was using a logo that was very (I mean very) similar to theirs.

Trademark application

With over a decade of editorial experience, Rob Watts breaks down complex topics for small businesses that want to grow and succeed. His work has been featured in outlets such as Keypoint Intelligence, FitSmallBusiness and PCMag. 'Inc.' in a company name means the business is incorporated, but what does that entail, exactly? Here's everything you need to know about incorporating your business.

If you disagree with the final refusal, you may, for an additional fee, appeal the decision to the TTAB. The application process isn't complicated, but to apply for an LLC, you'll have to do some homework first. If there are no further issues with the examining attorney or an opposition, the registration will issue. Follow this guide step-by-step and you can rest assured that your logo will remain as the unique, memorable visual representation of your business for years to come.

Look on platforms like Facebook, Twitter and LinkedIn to see if any profiles or pages are active under that name. Nevertheless, you must take the steps necessary to secure your company logo the best way you can, even if it entails a little bit of sacrifice. If you feel like your logo can be much stronger and clearer than it is right now, visit LOGO.com to improve the design with an AI-powered system that can customize it precisely according to your preferences. Minimalist and unique visuals tend to lead to a more successful logo.

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If the SOU does meet the minimum filing requirements, then the examining attorney reviews it to determine whether it is acceptable to permit registration. You may not withdraw the SOU and the filing fee(s) will not be refunded, even if the SOU/application is later refused registration on legal grounds. If no refusals or additional requirements are identified, the examining attorney approves the SOU. If the applicant does not file a statement of use or extension request within six months from the date the notice of allowance issued, the application is abandoned (no longer pending/under consideration for approval).

The process and timeframes remain the same, except that if issues are ultimately resolved and the statement of use is approved, the USPTO issues a registration within approximately two months. Within approximately two months after the SOU is approved, the USPTO issues a registration. To keep the registration "live," the registrant must file specific maintenance documents. Failure to make these required filings will result in cancellation and/or expiration of the registration. If your registration is cancelled or expired, your only option is to file a brand new application and begin the entire process again from the very beginning. The fact that your mark was previously registered does not guarantee registration when you submit a new application.

If the concerns are more involved, you will receive a letter called an Office Action that outlines the reasons for the denial. We believe everyone should be able to make financial decisions with confidence. For more information about when a special form drawing is required, see TMEP section 807.04(b). A freelance graphic design service might use this symbol next to their brand name before obtaining official registration. Avoid generic or common visuals, or else they may have a similar likeness to other logos.

When creating a logo for your business or brand, it is crucial to make it distinctive and original. A logo that is too generic or relies heavily on overused design elements is less likely to be memorable and recognisable. Strive to craft a logo that is uniquely tied to your company and does not too closely resemble any existing logos, especially those of competitors or significant brands in your industry. For more information about the protection provided by standard character and special form drawings, see 37 C.F.R. section 2.52(a) and In re Calphalon Corp., 122 USPQ2d 1153, 1160 n.8 (TTAB 2017). •  A JPG or PDF file of a “specimen” that shows an example of how the logo appears on the product or service itself. Every design mark application requires a special form drawing that shows the mark with its design features.

This is for those of you who decide to apply for registration on your own without the assistance of a lawyer. But if you follow these steps one at a time, you’ll manage just fine. Lukas is part of the content writing team at GraphicSprings, bringing his marketing expertise to the forefront. With a degree in Marketing, he crafts informative articles on social media, branding, and logo design. You may register logos with the Secretary of State in the state where your company is based.

But if that grace period passes and you still don’t submit those forms, the USPTO will strip all of your legal intellectual property protections. You don’t have to use these symbols in your logo (in fact, we recommend not including them, as they can hurt a clean design), but they do make it evident that your logos are protected. Nirvana LLC filed a lawsuit claiming Marc Jacobs’ “intentional copy” of the smiley with minor alterations for his clothing line. Nirvana’s lawyers said the image was registered for copyright in 1993 and declared full ownership of the image.

To continue the application process, the applicant must file a petition to revive the application within two months of the abandonment date. Tailor Brands is not a law firm, and none of the information on this website constitutes or is intended to convey legal advice. All statements, opinions, recommendations, and conclusions are solely the expression of the author and provided on an as-is basis.