Your company’s logo may be the most important way you identify your business and brand and distinguish it from competitors. You may want to protect your logo by registering it as a trademark with the U.S. Patent and Trademark Office (USPTO).
Types of logo trademark
There are two ways you might register a logo: as a standard character mark or as a special form mark.
Standard character mark
A standard character mark protects an arrangement of letters or numbers, such as the words “Dr Pepper.” If you have a standard character mark, your words or letters are protected, no matter how you display them.
A standard character mark could be a good choice if your logo consists only of your business name or slogan, without an accompanying drawing or design, because it gives you flexibility to display it in different styles, colors, or fonts in the future.
Special form mark
A special form mark protects wording that is in a particular font, or design elements, or a combination of the two.
To register a special form mark, you must submit a picture of the mark, and your trademark registration will only cover the exact mark you submit.
You should register your logo as a special form mark if it includes symbols, particular fonts or colors, illustrations, or other design elements.
What qualifies a logo for trademark?
The USPTO will not trademark a logo that is generic, or that is confusingly similar to a trademark that has been registered or is the subject of a pending application. The two main criteria for determining eligibility for trademark protection are distinctiveness and likelihood of confusion.
Distinctiveness
The strongest trademarks—and the ones that are easiest to register and protect—are very distinctive. A logo that is too generic cannot be registered or protected at all.
A highly distinctive logo might consist of original artwork created specifically for your business. A generic logo could be something like a letter of the alphabet or a set of initials.
Likelihood of confusion
A trademark cannot create a “likelihood of confusion” with another registered trademark. A logo has a likelihood of confusion if:
- It is similar to another trademark
- It identifies the source of a related product or service
You can register similar logos if the products or services are unrelated.
How to register a logo
The least expensive way to register a logo with the USPTO is through the online Trademark Center. This option will run you $350. If you decide to file by paper, you will have to pay $850.
For the most peace of mind, it's best to use a trademark attorney or online trademark service. Remember: application fees for rejected trademarks are nonrefundable. An attorney or online expert can advise on your trademark's viability and help you craft a strong application.
Trademark applications take a minimum of several months to process.
Application requirements
If your logo includes design elements, you will need to provide an image of the logo as part of your trademark application.
You can trademark your logo in either black and white or color. If you choose black and white, your trademark registration will cover any colors you may choose for your logo in the future, giving you flexibility to change colors and still retain your trademark protection.
If you choose to register your logo in color, you will be protecting the logo with those particular colors. In this case, you will also need to identify the colors and their locations within the mark.
The trademark application also has a space for you to provide the “literal element”—the written words—of your logo. You should enter the words exactly as they appear on your logo, without adding or changing anything.
Cost of a trademark application
The filing fees for a trademark application depend on the method you use to file.
- Online. The preferred method to file your trademark registration is through the USPTO Trademark Center. The cost for online trademark registration is $350.
- On paper. You can file by mail or hand delivery. This method will run you $850.
- Hire a trademark attorney. An attorney can help ensure that your application will not face delays, penalty fees, or rejection. You can expect an attorney to run you several hundred to a few thousand dollars.
- Use an online service. These services offer more flexibility with the assurance of expert guidance. LegalZoom's trademark registration service costs $649 plus federal filing fees.
Trademark registration FAQs
What's the difference between a standard character mark and a special form mark for my logo?
A standard character mark protects only the words or letters in your logo, no matter what font, color, or style you use them in. This type works best if your logo is just text without any special design elements and gives you more flexibility.
A special form mark protects your logo's exact visual design, including specific fonts, colors, symbols, and layout. If your logo has unique elements that make it stand out, you'll want a special form mark.
How do I know if my logo is distinctive enough to get trademark protection?
Your logo needs to be unique and not describe what your business does in an obvious way. The USPTO won't approve logos that are generic or that directly describe your product or service, although logos that hint at what you do without directly saying it may work. Your logo also can't be too similar to existing trademarks in related businesses.
The strongest logos are completely made-up words or designs that have nothing to do with the actual business. The Trademark Office will reject logos that might confuse customers about which company they're dealing with.
Should I file my logo trademark in color or black and white?
Filing in black and white gives you broader protection because it covers your logo in any color combination you might use later. This means you can change your logo's colors for different marketing campaigns or seasonal promotions without losing trademark protection. If you file in color, your trademark only protects those specific colors in those exact locations. However, if color is a crucial part of what makes your logo unique and recognizable (like Tiffany's characteristic shade of blue), then filing in color might make sense.
How much does it cost to trademark a logo and how long does it take?
The basic fee to file a trademark application online is $350. However, if you work with a trademark attorney, you’ll likely spend more. A trademark attorney typically charges an average of $2,849 per trademark filing. LegalZoom charges a flat, one-time fee of $899 plus federal filing fees. Note that filing on paper costs $1,000 and is only available in specific circumstances.
The filing process takes at least several months, even if everything goes smoothly. Currently, the USPTO has a waiting period of about 12 months.
What happens if someone is already using a similar logo to mine?
The Trademark Office will likely reject your application if they find another registered trademark that's too similar to yours in a related business area. Before you apply, you should search the trademark database to see if anyone else has something similar. This search isn't just about identical matches - you need to look for logos that are close enough to cause confusion. You can search existing trademarks for free with LegalZoom.
Do I need to hire a lawyer or can I file the trademark application myself?
You can file a trademark application yourself through the government's website, and it's the cheapest option at $350. The online system walks you through the process step by step. However, trademark law can be complicated, and mistakes in your application aren't fixable without starting over and paying again. Using a legal professional (or an attorney-led filing service like LegalZoom) can inspire more confidence in the accuracy of your search and application.
What do I need to submit with my logo trademark application?
To meet the requirements for a logo with design elements, submit a clear digital image, usually in JPG format. The image should be between 250 and 944 pixels and have a plain background so your logo stands out clearly. Type out any words that appear in your logo exactly as they’re shown. You’ll need to be specific about what products or services you use the logo for and provide proof of how you use it, like photos of your signage, packaging, or website. If you haven’t started using your logo yet, you can file an “intent to use” application instead.
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