How To Obtain Registered Trademark

The Steps to Protecting Your Logo

i. Determine on Your Logo Concept

The start step to getting a logo trademark is—as you might expect—to create your logo. Your logo design can be a shape, symbol, images, words, or a combination thereof. The most important factor is ensuring that your logo is distinct.

You cannot simply choice a dictionary word that is connected to the product or service you are offering and use that equally your logo. For instance, if you lot own a milk company, your logo cannot be "MILK" just by itself.

This is where working with a trademark attorney offers some benefit. An attorney can guide you through the design procedure to ensure that the logo is unique plenty for trademark approval. At the aforementioned fourth dimension, you can focus on creating a logo that aligns with your visitor's vision. Once complete, your chaser can make sure the logo is in compliance with the United States Patent and Trademark Function (USPTO) directives.

2. Check for Existing Trademarks Before You Approve the Design

Information technology's pretty obvious that you shouldn't rip off your competitors when you blueprint a logo, but simply separating yourself from your obvious competitors might still land yous in hot water. Before you approve the final design of your logo, you or your trademark attorney should search through the U.S. Patent and Trademark Office'due south TESS organisation to see if any existing trademarked logos conflict with yours.

Companies protect their trademarks with a heavy mitt. Even though your logo might exist unique every bit a whole, information technology could contain shapes, symbols, or even colors that another company has trademarked.

Trademarked Logos

Trademark owners will accept the run a risk to oppose your trademark filing if they feel your logo infringes on any aspect of theirs. So why not simply file your trademark application and look for any potential objections?

Logo designers toll money. The trademark application fee is at least $350, plus attorney fees if you retain 1. If the U.Southward. Patent & Trademark Role (USPTO) upholds a trademark owner'southward objection to your logo, you will need to pay once again for each of these services. A trademark search can save y'all time, effort, and coin.

3. Ensure a Design Distinctive Enough to Trademark

Companies and institutions ofttimes utilise a generic or archetypal symbol to represent their brand. Think virtually all of the stars, hearts, and mitt prints yous see in ad material. Using these common symbols makes sense to many marketing executives – they're universally understood and effective at characterizing a brand thank you to the cultural meanings we've attached to them. When you see a heart, you think dearest. When you see a tree, yous think wilderness and nature. However, these symbolic logos are never as generic as they seem.

In lodge to receive approval from the USPTO, you must design a logo that possesses a distinctive character. In other words, there must be something unique nearly your logo that sets it apart from all the other stars, pino trees, calorie-free bulbs, etc. that exist as registered trademarks.

Some companies, such every bit Macy's, add their word marking to a generic symbol. Others contain design twists that make generic symbols distinctive. Examples include the bite missing from the Apple logo. If you want to use a mutual symbol for your logo, then it must possess similarly distinctive characteristics.

Here are some examples that better illustrate what is acceptable when trademarking a universal or symbolic logo:

Star Trademarked Logos

While each of these logos is based on a five-pointed star, they are all visually distinct; it is difficult to mistake one for the other. Even the Macy'south and Heineken logos, which both feature a red star preceding a word mark, are considered distinct because these companies work in different industries – retail and nutrient and beverage, respectively. Therefore the trademarks can acquit some resemblance to each other. Additionally, Heineken'south trademark features green lettering while Macy's features a star as an apostrophe.

For an example of iv entities using similar but distinctive logos in the aforementioned manufacture, have a wait at these academy paw print logos.

Paw Trademarked Logos

Each manus print is a registered trade marker of its respective academy. While they are all visually similar, they manage to differentiate themselves through various means. Clemson's and Penn State'due south manus marks feature unique colors and notches in the bottom "pad" that help identify them equally registered marks. The University of Missouri'south mark is visually similar to Clemson's paw print, but is distinguished by its color scheme, its positioning, and the schoolhouse's block "M" logo on the bottom pad. The Academy of New Mexico'due south paw mark is modeled after a wolf rather than a cat. It is therefore more than slender than the other marks and distinguished by the utilise of claws and a grey border.

If you plan to apply a common symbol for your company logo, information technology is crucial that yous make information technology distinct like these businesses and institutions accept washed. Separate your brand from the competition past attaching a give-and-take marking, calculation a pattern flourish, or using a unique color scheme to signify that your marking is your own. Doing so will strengthen your ownership of the mark and will also help protect yous from trademark infringement in the future.

4. Employ for Your Trade Marker as Soon as Possible

Even if your production or service isn't marketplace-ready, you should even so consider filing a trademark awarding. Why spend money to trademark something that doesn't nonetheless exist? Because doing so offers you a greater level of protection.

For the USPTO to approve a trademark application, the applying company must prove it currently uses the mark in commerce, or that it intends to utilize the marking in the virtually future. Filing an "intent to use" awarding helps ensure that the logo you but designed will be safe and totally protected before you scroll out a full branding and marketing campaign. If yous're not utilizing a police force firm or trademark chaser, you'll need to consult the U.Due south. Adequate Identification of Appurtenances and Services Manual when writing the clarification for your logo.

Recommended reading - how long does the trademark awarding process take?

In one case canonical, you have six months to take 1 of two actions. If you begin using your logo in commerce within the six-month window, you lot must submit proof to the USPTO. Otherwise, yous must file for an extension. Each extension application is subject to a fee.

To employ for an "intent to apply" trademark yous simply need to file a standard Trademark Application. There is a section where you lot tin annotation that your application is based on bona fide or adept faith intent to utilise in commerce. After the application is received, the government will issue you lot a Notice of Allowance. You lot then have vi months (or longer if yous pay for an extension) to put your trademark to use and to file a supplemental "Statement of Use" form.

Once that's washed, your trademark will be published to the official USPTO database.

five. Wait for the trademark to be canonical

After you submit your application, a Trademark Examiner will review it. The examining attorney will then approve or turn down your awarding. Trademark refusal happens for several different reasons. For case, the USPTO does not register marks that announced to carry the image of whatsoever deceased U.S. President whose spouse is still living. (Unless it is washed with the consent of the spouse.)

Your marking may also be turned down if it is perceived to contain images or words that dethrone national symbols. You volition also have a difficult time registering marks that can be viewed every bit scandalous or immoral. Your mark could likewise be declined if information technology is considered to be generic. The list goes on. Unfortunately, the USPTO does not award refunds for failed applications, so it is all-time to become it right from the start.

Once your logo is canonical, the USPTO will give you the guidelines that you must follow to maintain your logo. It is also a good idea to set upwardly a trademark picket service at this point. A watch service will be charged with preventing other businesses and organizations from using your logo illegally.

As these steps have shown, learning how to trademark a logo is fairly straightforward. With a skilful attention to detail and a good trademark attorney, any small business tin protect its make past registering its logo. Don't let the procedure scare yous. Once y'all take your trademark secured, the endeavor will be well worth it.