Trademark a Design

Types of designs that can be trademarked

Many types of designs can be trademarked, including:

• Logos
• Product designs
• A design for your product’s label or packaging, if it helps to identify the source of the product in the package (like the contour Coke bottle)
• Color schemes, if they identify your product and distinguish it from competitors

However, in order to be eligible for trademark protection, a design must meet USPTO standards for uniqueness. You cannot trademark a design that is too generic. In addition, your design cannot be confusingly similar to another design that is already trademarked or for which there is a pending trademark application.

Registering a design

You can register a design with the USPTO by using the online Trademark Center, by mail, or through an online trademark service.

The process for registering a design trademark is the same as for any other type of trademark, but there are some issues to be aware of.

Importance of colors

Your trademark application must include an image of your design. You will also need to decide whether you want to trademark a black and white or color version of your design.

If you choose black and white, your design will be protected in whatever colors you choose to display it, giving you flexibility to change colors and still retain your trademark protection. However, if your design relies on a particular color scheme, you will need to register it in color.

If your design is in color, your application must identify the colors used in the design and indicate where they are used.

Cost of registering a trademark

The filing fee for a trademark application is $350 if filing online through the Trademark Center and $850 if filing by mail.

You may also face additional fees for the following:

• Providing insufficient information: $100
• Using custom descriptions rather than the standard form: $200
• Using custom descriptions over 1,000 words: $200 per 1,000 additional words

If you hire a lawyer, you can expect to pay a few thousand dollars. This investment can ensure that your trademark is filed correctly and give you a more personalized experience. You may also choose to use an online filing service. LegalZoom's trademark registration service will run you $649 + federal filing fees.

How long does trademark registration take?

You can expect the registration process to take at least several months. If you provide insufficient information, your trademark registration will be delayed.