Trademark a Logo

Your logo can be protected with a trademark, but the process is tricky. Here's overview of what you need, what it costs, and how long it will take.

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Jane Haskins, Esq.

Jane has written hundreds of articles aimed at educating the public about the legal system, especially the legal aspects of starting and running a small business. She has more than 20 years of experience as a practicing attorney, focusing on helping small business owners with startup and contract issues. View her work on LinkedIn.

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.