2. What Is a Trademark?
3. Who Owns the Logo’s Trademark?
4. Why Is Trademarking a Logo Important?
5. How Much Does It Cost?
6. How Long Will the Trademark Application Process Take?
7. Levels of Trademark Protection
8. Do I Need a Trademark or Copyright?
9. Trademark and Copyright Application Process
10. What Should I Trademark?
11. Frequently Asked Questions
Updated June 22, 2020:
What Is a Trademarked Logo?
A trademark logo is a caller logo that has been trademarked and receives security through the trademark laws .
What Is a Trademark?
A brand is used to protect intellectual place from violation. A trademark is a name, discussion, logo, or symbol that represents a company. time and money are spent developing a company ‘s logo, and it is consequently authoritative to protect.
A company ‘s logo is example of the mark. The logo is besides recognizable by customers, making it important to besides protect its repute .
A trademark is not required, nor is it constantly necessity. For small, regional companies, a brand brand or logo is not necessity. A trademark automatically begins with inaugural practice and depends upon regional boundaries. This is only true if person else is not using the trademark. even for small, regional companies, there are benefits to trademarking a logo .
Who Owns the Logo’s Trademark?
ownership comes with registration and use. The logo ‘s interior designer is rarely the owner of the hallmark. The trademark owner is most much the business owner .
Why Is Trademarking a Logo Important?
There are many benefits to registering your logo for a brand. There is no necessity to register your logo as a trademark, but there are benefits for doing so .
- Priority: Registering your logo as a trademark gives you the priority to use that mark. If the logo isn’t trademarked, you’re only entitled to use it in your geographic area. Without registration, someone in a nearby community can use a similar or even the exact same logo, and it’s unlikely there’s anything you can do to stop them, even if you used the logo first. Someone else using your logo can diminish the value of your brand and your products. If your logo is registered as a trademark, you’re able to stop someone else from using it.
- Lawsuit: When your logo is registered with a trademark, you have the right to sue anyone who uses the logo without authorization. In some cases, simply having the logo trademarked can be enough to win the court case. In some cases, it’s even possible to bring criminal charges against someone for improper use of a trademarked logo.
- Money: If you do take someone to court for trademark infringement, having a trademark also allows you to be able to collect money for damages.
- Import of Foreign Goods: A registered trademark also allows you to stop the import of foreign goods that would infringe upon your trademark. This benefit also helps to prevent your brand from being diminished.
- Foreign Registration: Once your logo is trademarked in the United States, you’re able to register your trademark in other countries. This makes it possible to extend your business and sell your product in foreign markets.
How Much Does It Cost?
The cost of registering a logo for a trademark can vary widely. There are two main costs :
- Trademark application
- Attorney fees
If you choose to complete the application for a brand without the aid of an lawyer, the application fees will cost approximately $ 500. These fees are non-refundable. The sum of fees paid may fluctuate if there is an extension or late requital or if reapplication must be paid .
How Long Will the Trademark Application Process Take?
The sum of time it takes to trademark a logo can vary greatly from event to case. The duration of the process varies because some applications will need to be reexamined or changed to ensure singularity .
On modal, you should receive your brand six to nine months after filing your application. This process can take years to complete, but this is rare. approximately six months after filing, you ‘ll receive a reception with a serial act. This serial numeral can be used to track your application .
The simplest and fastest way to submit an application for a trademark is on-line at the United States Patent and Trademark Office ‘s web site. If you ‘re registering your company name, it should take about 90 minutes online. A designed logo could be a more complicate procedure since the logo has more details .
Levels of Trademark Protection
Common Law Trademark
First manipulation of a mark creates a common law hallmark. You do n’t have to register a logo for a trademark to use it .
park law brand can easily be applied to your company ‘s logo. angstrom soon as you begin advertising your merchandise, with your logo, you ‘ll receive coarse law hallmark protection for your logo. A trademark begins at the first commercial practice. This would include the consumption of your logo in an ad .
The common law trademark is limited by geography, giving them minimal protective covering. It is n’t required, but to give your logo the most protective covering possible, it is beneficial to register your logo as a trademark with the USPTO .
SM or TM
A coarse law hallmark or unregistered hallmark should be marked either with ™ or SM marks. The ™ score is used for product-based trademarks. These trademarks may be unregistered or going through the application procedure. The SM check is used for service-based trademark which are unregistered or presently going through the application process .
The ™ and SM marks inform early businesses that you own your logo. A park law trademark offers limit auspices. To receive national protection for your trademark, your hallmark must be registered with the USPTO. This registration besides provides more protection in the case of a lawsuit. Your trademark registration and application will provide a date of first use. This is important in encase of a lawsuit challenging who used a mark first .
State Level Trademark
A state trademark offers hallmark protection merely in the state where the trademark is registered. For companies that conduct business in just one department of state, this is normally enough protection .
A federal trademark offers trademark auspices nationally, across state lines. If your caller is doing business in multiple states, the federal hallmark offers a set more benefit and protection. Online commercial enterprise likely fall into the class that needs union hallmark auspices as the business will sell goods across state lines .
Trademarks that are federally register receive these benefits :
- security under the federal Anticybersquatting Consumer Protection Act. This means that trademark owners can sue person using a bewilderingly alike domain diagnose .
- Can stop the import of forge goods and products that infringe upon a brand .
- Can receive international hallmark protection .
- An misdemeanor lawsuit can be tried in a federal court, not just a state court .
- The trademark is nationally recognized.
If a brand is published and the drug user has truthful intention to use the score in department of commerce, the USPTO will issue a NOTICE OF ALLOWANCE about 12 weeks after the first use of the commemorate. If no party files an confrontation or request to extend the time to oppose .
The USPTO puts out a issue of new trademarks. This issue gives hallmark owners a luck to challenge any like trademarks. If no party files an opposition or request to extend the time to oppose, the trademarks are issued a NOTICE OF ALLOWANCE after 12 weeks .
The trademark applicant then has six months from the NOTICE OF ALLOWANCE to :
- Use the mark in a commercial purpose and submit a statement of manipulation
- Request an extension for six more months of time to file a statement of use
Do I Need a Trademark or Copyright?
Trademarks and copyrights are often confuse, but they are n’t the same .
- Copyright: A copyright is associated with creative works such as film, writing, audio, or computer programming. Material that is eligible for copyright must be fixed in a tangible medium. This means that others must be able to see it, it cannot be just an idea.
- Trademark: A trademark is for symbols, words, phrases, or a combination of those. A trademark is used to protect one of these elements that represent a company or a brand and is used on signs, documents, and other materials for sale.
It is possible that a logo is actually eligible for both a trademark and a copyright. many logo contain original artwork and are consequently eligible for a copyright. A hallmark protects the entire logo and brand identify from practice by other companies .
Trademark and Copyright Application Process
The action of applying for a brand or copyright is very elementary. What complicates the work is making certain that your work is original and alone and yours to use and own .
A trademark search should always be the first gradation before registering a brand. A brand search ensures that no one else is already using your logo or a exchangeable logo. A search can be done on the United States Trademark Electronic Search System or TESS. This on-line database catalogs all registered trademarks .
many people highly recommend hiring a trademark lawyer or professional hallmark research worker for this gradation in the process. Searching trademarks may seem elementary, but there are extra techniques to use .
not lone are you looking for a brand logo that ‘s the lapp as yours, but ones that are similar. If your logo is besides similar to person else ‘s it will not be approved for trademark. This includes misspellings and like wordings .
Copyright Application Process:
- Go to copyright.gov .
Fill out Form CO .
- This form will ask for the name of the owner, the name of the creator, the nature of the copyright document.
- Upload a file for your logo.
- Pay the $ 35 tip for registration .
- print out the ratification .
- Your copyright is pending until you receive approval. once approved, your copyright is effective as of the adjustment date .
Trademark Application Process:
- Complete a trademark search .
- Secure your rights .
- Submit an initial application at uspto.gov on the Trademark Electronic Application System or TEAS .
- Fill out the TEAS imprint for an initial lotion. Be indisputable to upload the file of your logo .
- Submit an “ intent-to-use ” human body. This form states how and where the logo will be used. If other uses are added in the future, you must file a new “ intent-to-use ” form .
- Pay the fees. There will be a $ 325 fee for the trademark lotion and a $ 50 fee per class of use .
Secure Your Rights
For security at a local level, all that you must do is use your trademark. If you plan to use your logo throughout the express or nationally, you need to register for a trademark to receive security .
Statewide protection can be approved by the Secretary of State in your state. National auspices must be approved with a trademark from the USPTO .
part of brand registration is use of the hallmark or intent-to-use. You can begin using your logo prior to submitting an application for a brand .
Your initial lotion can be submitted on-line at the USPTO ‘s web site .
To make sure that no one is using your logo or alike logos, you can use a brand determine service. This type of service searches for logos that may be infringing upon your brand. This is an optional footstep in the process, but can be very beneficial for protecting a logo and mark .
Before submitting your hallmark application, be certain that you have the final version of the logo. You should only apply with the final version of your logo because changes can not be made once the application has been submitted. Minor changes might be acceptable, but only with proper documentation, submission of fees, and credence from the USPTO .
If the logo does change after the submission of your trademark application, you may have to submit an entirely new application for the fresh logo .
When submitting your hallmark application, consider whether you want to submit a color logo or a black and white logo. many businesses do choose to register their logo in semblance, but there are reasons this might not be a dependable idea .
If your logo is trademarked in color, you can not change the coloring material without applying for a new brand or amending your hallmark application. The color is important to the hallmark .
What Should I Trademark?
There are a few basics that may be obvious choices for trademark, such as the logo and commercial enterprise list, but there are others that may be less obvious .
Another refer that many new businesses confront is the fiscal obligation when applying for a trademark. Each component that is brand must go through the application serve, which can be expensive and time-consuming .
The question these businesses need to answer is “ what is most significant to trademark first ? ” Often, the most authoritative thing to trademark first is the party appoint, tied before you trademark the party logo. There are a variety of reasons for this :
- Two Different Registrations
It may not be obvious at beginning, but the company logo and caller name are not the lapp, even if the company list is included on the logo. For trademark purposes, the name and logo must be registered individually .
The company identify is considered a standard quality tag, which protects the name itself. This hallmark does n’t protect any baptismal font, design, or coloring. This brand prevents anyone from using your company name .
The hallmark for the caller logo will protect the logo in entirety. The form, orientation, design, font, words, and sometimes the colors. The finish of this trademark is to prevent others from using your logo or something that ‘s similar enough to cause confusion .
If you have the clock time and money to register both, you should. If not, the most authoritative aspect of your business to hallmark is the name. A brand registration will cost anywhere between $ 500 and $ 1500, depending on lawyer fees .
- More Likely to Change
This might be hard to hear, but the company name is more important to trademark because the party logo is more likely to change than the company identify. This is much because the first company logo is designed by the company owner, who may not be technical in logo design .
belated on, it ‘s probable that the company will have the logo redesigned. If the logo was trademarked, a redesign would mean applying for a newfangled brand. This might be street fighter to hear as many company owners are attached to their logo, but it ‘s much true .
When looking at this decision, ask yourself, “ At this compass point in the business, would it make sense to litigate for logo trademark violation ? ” If the answer is n’t “ yes, ” then the logo is not the first base priority for trademark .
If another party does begin using your logo, merely redesign it and start building brand in the new logo .
- More Valuable
It in truth comes down to the fact that your company name is more valuable than the company logo. The company name is more versatile when brand and advertise than a logo. A logo is only protected by the trademark in its accurate form. The company name is always protected .
The quality of your logo and the cost of enforcing a brand are virtual considerations that militate against registering precisely your logo. The primary legal retainer is this : your company identify offers quite a morsel more protection .
- Use of ®
once your trademark application is approved, you ‘re fix to use the register brand symbol. The ® symbol can be used with your trademark logo or mention to show that it has been registered as a trademark .
It is illegal to use the ® if the company name or logo is n’t registered as a trademark. If you ‘ve applied for a trademark but have not yet been approved, you can use the ™ symbol .
You can use the symbol next to your logo, no matter what color it is printed in, american samoa retentive as your logo is trademarked in black and blank, not color.
Frequently Asked Questions
- What is a trademark?
A trademark is a form of legal security given to sealed types of intellectual property to protect against unauthorized use of the intellectual property .
- What should I trademark?
The most crucial business element to trademark is your occupation mention. deoxyadenosine monophosphate soon as you ‘re sure what your business diagnose is, it ‘s authoritative to begin the hallmark application process .
If you have any other questions about the process of trademarking a logo or merely want aid with a trademark application, consider posting a job to set up a suffer with one of the brand attorneys on UpCounsel ‘s web site .