To protect your brand, trademark it. Trademarking a logo will give you the legal right to use that particular design in marketing materials and other promotional material. If someone else uses that same design as part of their branding efforts, they can be sued for damaging your business and violating intellectual property law. You register a logo with the United States Patent and Trademark Office (USPTO). The USPTO is highly rigorous when it comes to trademark applications that are too similar to an existing trademark. You must also fill out the application completely and submit any necessary papers and evidence to back up your claim. However, with LegalZoom on your side, it doesn’t have to be such a complex and intimidating procedure. Stay with us as we walk you through the stages of trademarking a logo and what to watch out for to have your application accepted the first time.
The Simple Steps to Registering a Logo
Although trademarking a logo might be difficult, there are several advantages. Federal trademark registration is an excellent investment for your company. This is especially true if you want to sell your company since it provides something concrete to offer. Nothing prevents a customer from copying your items if your brand isn’t registered. A trademark also allows you to safeguard your brand and all you’ve worked hard for by allowing you to sue if you’re accused of trademark infringement. If you want to make the whole trademark procedure go more smoothly, you could use LegalZoom’s services. LegalZoom is an online legal firm that can help you with your legal papers without the need to hire an attorney. It provides various services to assist you in starting your company, including trademark registration. You can do it yourself with some instruction or hire an attorney to do it for you. In any case, with LegalZoom on your side, your trademark application will have the highest chance of succeeding.
Parts of Trademarking a Difficult Logo
Unfortunately, there are more challenging aspects to trademarking a logo than simple aspects, but it doesn’t make it any less worthwhile. To begin with, the procedure is lengthy. After submitting your trademark, you can anticipate waiting 6-12 months to be authorized. This assumes you’ve filled out the application correctly! It’s a challenging procedure, and it’s easy to make mistakes in your application, leading to a denial that will send you back to square one. Second, you must do an extensive study before beginning the procedure to guarantee that your logo is distinctive. It will be rejected if it is too generic or similar to an existing logo. Finally, the job isn’t done after your trademark application has been authorized. To retain the legal rights to your trademark, you must use your logo in commerce and submit specific paperwork at regular intervals. Don’t worry; with our step-by-step instructions and LegalZoom’s help, you’ll be well on your way to filing a successful trademark application in no time.
Steps to trademark a logo:
1. Preparation of a trademark.
When you’ve determined you’re ready to trademark your logo, there are a few things to consider before proceeding with the application.
- Determine whether you need a federal trademark.
There are three tiers of trademark protection in the United States. Local trademarks, state trademarks, and federal trademarks are among these levels. So said, if you intend to sell things or do business in your local region or home state, you’ll find that trademarking your logo in that location will be enough. The cost is much lower in these cases, and the procedure is much easier. It will, however, restrict your legal protection to this geographical region, and the amount of that protection will vary. For example, you can get away without a federal trademark if you’re a tiny firm or are constrained to operate locally for whatever reason, particularly in the beginning. On the other hand, a national brand is a way to go if you utilize your logo throughout the country and provide yourself with significantly more protection. In general, the greater your business and its reach, the more likely you are to need these safeguards.
- Check to see whether your logo is available.
It’s time to start investigating federal trademarks after you’ve concluded that they’re suitable for your company. One of the most crucial tasks to do at the start of this procedure is to make sure your logo is accessible and isn’t too similar to other companies’ trademarks. Again, TESS, the trademark database of the United States Patent and Trademark Office, is an excellent place to start.
The essential items to check for in this search are if any registered or applied-for trademarks are comparable to yours, whether they’re utilized on similar goods or services, and if they’re active. If your logo fits all three criteria, your trademark application will be refused due to the “likely of misunderstanding.”
- Ensure that your logo complies with USPTO guidelines.
While you’re looking to see whether your trademark is available, you should also double-check that your logo complies with all USPTO rules. If your logo, for example, does not appropriately represent the services or goods you provide, the USPTO will deem your application to be deceptive and will reject it. Furthermore, although it may seem self-evident to most, the USPTO will automatically reject any trademark that is insulting in any form. When it comes to trademarking your logo, doing your homework is essential. The modest difficulty of slightly changing or modifying your logo to fit USPTO standards will be far simpler to undertake now than later when the logo is already in the trademark approval process.
2. Enlist LegalZoom’s Assistance.
Having all of your ducks in a row before enlisting LegalZoom’s assistance can help to expedite the process. However, if you have no clue where to begin or are feeling overwhelmed by the procedure, call LegalZoom for help right now.
- You Can Do It Yourself
You’ve done your homework, but hiring the assistance of an expert to review your application can offer you the peace of mind you need to have your trademark granted. If this describes you, the Do It Yourself package from LegalZoom is for you. First, you’ll inform LegalZoom about your brand and navigate through the application procedure on your own. Then, when you’re satisfied that it’s finished, pass it over to LegalZoom to complete, double-check, and submit your application with the USPTO. The total cost of the procedure is $249, including federal filing expenses.
- Allow an attorney to lead the way.
Alternatively, if the whole procedure scares you out or you don’t have enough time on your hands, hire a LegalZoom attorney to do it for you. LegalZoom will do due diligence on your behalf with this bundle. Your lawyer will research your trademark and submit your application on your behalf. You may rest easy knowing that your brand is in capable hands. There is a higher price of $599 plus federal filing fees if you go this route. However, if LegalZoom discovers any problems with your first trademark option, you’ll receive a free search on a second. In addition, LegalZoom will reimburse the $599 charge for registering a new trademark if your initial trademark application is denied.
Overall, whether you handle it yourself or hire an attorney, employing LegalZoom to manage your trademark application will increase your chances of getting it authorized without issues.
3. Prepare and submit your application to the United States Patent and Trademark Office (USPTO).
This stage implies you’ll use LegalZoom’s support to submit your application and go the do-it-yourself route. Of course, if you’re working with an attorney, you’ll still need to go through the process of transferring your logo and paperwork, but it will be somewhat different.
- Get your paperwork together.
To support your application, you’ll need to generate and assemble all of the papers necessary by the USPTO. First, you must select and classify the products or services that your logo represents. The cost of your application is determined by the number of products or services classes mentioned in your application. It’s necessary to remember that using the correct words to describe and identify your items is critical. The United States Patent and Trademark Office (USPTO) will reject your application if you correctly classify your product. You must also submit a “specimen” for each sort of product or service that your logo symbolizes, demonstrating how it is used. For example, if you’re selling a tangible product, such as drink bottles, you may incorporate your brand images in action on the bottle. You may also show how the logo is used on packaging or items on display at a shop. A sample of materials used to market your firm and its services will suffice if you offer a service. The idea is to demonstrate a “direct relationship” between your logo and the benefits it represents. Finally, you must complete your papers correctly. Even the tiniest mistake might result in the USPTO rejecting your application. All the more reason to collaborate with LegalZoom to make sure you get it right the first time.
- Submit your documents to LegalZoom for filing.
It’s time to submit your papers to LegalZoom after you’ve finished them. LegalZoom will now tie up any loose ends in your documents and proofread all of your documents to verify they meet the requirements. Remember that if you pick the “do it yourself” option, LegalZoom will assume you’ve done your homework and will just proofread your application to ensure it has a fair likelihood of approval. Once LegalZoom’s attorney is pleased with your application, they will submit it with the USPTO, and you will have to wait.
4. Currently applying.
When it comes to trademark applications, the wait might be excruciating. You should anticipate the procedure to take anything from three to twelve months. Here are some activities you can do during this period.
- Monitor the Status of Your Application
You will get a confirmation from the USPTO with a serial number as soon as your trademark application has been filed. Using the Trademark Status & Document Retrieval tool, you may trace the development of your trademark using this serial number.
The following are the phases that your application will go through:
- First, your application will be checked to see whether you’ve followed all of the fundamental filing guidelines.
- Your application will be assigned to an examining attorney by the USPTO. It will likely take many months for it to reach their desk.
- With a fine-tooth comb, the examining attorney will go through your application. This is where they’ll check to see whether your trademark is too similar to an existing logo, if you’ve correctly classified your goods, and if you’ve submitted acceptable specimens.
Your application status will be updated for easy monitoring each time it proceeds through these processes.
- Errors in the application should be corrected.
Let’s hope this isn’t the case with your application, mainly if you’ve enlisted the help of LegalZoom. However, with such a complicated procedure, application problems are possible. You will be permitted to appeal if your application is denied owing to an administrative or regulatory issue that you can readily correct. Your application will be refused if your logo is judged to be too similar to an existing trademark, and you will have to start the procedure again. You’ll have to pay the filing costs once again.
5. Protect Your Trademark’s Rights.
Hopefully, your trademark application has been authorized at this point. Now that you have a registered trademark, here are some things to think about.
- Make Use of Your Trademark
It may seem ridiculous to get your trademark registered after all you’ve gone through. However, it would be best to use your brand in commerce after being issued. This is because the trademark rights to a logo may only be owned by firms actively utilizing it. The sole exception is if COVID-19 has directly affected you or your company to the point where you are temporarily unable to use it.
- Please provide all of the required documents.
You must submit various documentation at particular periods to establish that you are still utilizing your existing trademark, in addition to using it in commerce. To keep your registration valid, you’ll need the following papers and deadlines:
- Between the fifth and sixth years following the registration date, file a Declaration of Use and Excusable Nonuse under Section 8.
- Between years nine and ten following the registration date, file the first Declaration of Use and Excusable Nonuse and an Application for Renewal under Sections 8 and 9, and then every ten years afterward.
When you have a maintenance deadline approaching, the USPTO will give you an email reminder, but you should stay on top of it as well. If you don’t provide these papers promptly, your logo will be deemed abandoned, and you will lose all legal rights.
6. Enforce Violation Prevention Measures.
This stage isn’t required in every company. However, there and more well-known your firm is, the more probable it is that you’ll need to watch for anybody infringing on your trademark rights. In a nutshell, hiring a law company or specialist organization to participate in trademark monitoring is the best approach to enforce safeguards against infringement. They’ll issue cease-and-desist letters to violators if they come across a logo that looks close to yours and is likely to confuse. If required, they’ll even file a lawsuit on your behalf to defend your intellectual property.
Why not employ LegalZoom to conduct a trademark watch for you if you loved dealing with them throughout the trademark application process? It’s a simple three-step procedure that costs $175 each year and keeps your trademark under surveillance.
Frequently Asked Questions
How much does it cost to trademark a logo?
A: Many factors go into finding the cost of trademarking a logo. Usually, it is $100 per year or so for an individual to maintain ownership of their trademarks.
Can I trademark my logo myself?
A: If you are a trademark holder, then yes. You can file for your trademark and have it approved by the United States Patent Office. Otherwise, you will need to hire an attorney familiar with this field to do so.
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