A unique logo can be trademarked by registering it with the USPTO. Anyone can apply online on the USPTO website if the business for which they’re authorized to file is principally located inside the U.S. If based outside the U.S., a patent attorney will be required to make the filing.
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 form for an initial application. Be sure to upload the file of your logo.
- Submit an "intent-to-use" form. ...
- Pay the fees.
Do I need a lawyer to design a logo?
Jan 04, 2022 · The trademark application fee is at least $350, plus attorney fees if you retain one. If the U.S. Patent & Trademark Office (USPTO) upholds a trademark owner’s objection to your logo, you will need to pay again for each of these services. A trademark search can save you time, effort, and money. 3. Ensure a Design Distinctive Enough to Trademark
Do I need a lawyer to register a trademark?
Aug 08, 2020 · Fill Out Your Application The USPTO website would require that you register for a user ID before proceeding with an online submission. Fill out your application by using the information already gathered in steps one and two. Of course, this guide does not go into the fullness of detail that you may require for your application.
How much does it cost to trademark a logo?
Mar 08, 2022 · Step 3: Secure The Trademark. If your trademark is officially registered with the USPTO, you own the right to use it anywhere in the United States and sue in case of infringement. The logo trademark allows you the right to stop foreign goods that have your logo from being imported into the country.
Do I need to do a trademark search for my Logo?
Sep 16, 2021 · If you’re domiciled in the United States, you’re not required to have an attorney. To determine whether you’re required to have a U.S.-licensed attorney, you must provide and keep current your domicile address in trademark filings. Even if you’re not required to hire a U.S.-licensed attorney, consider whether or not you should.
Can I trademark my logo myself?
Trademark your logo to protect it from being stolen. No matter the size or the industry your company operates in, you should file for logo trademark yourself or hire a trademark attorney to do it for you.
How do you trademark a phrase without a lawyer?
How to Trademark a SloganGo to the United States Patent and Trademark Office (USPTO) website.Check the Trademark Electronic Search System (TESS) database. Make sure the slogan isn't already registered in the same category.Submit your trademark application. Pay the filing fee.
Can I put a trademark on my logo without registering it?
You can use the symbol on any mark that your company uses without registering it. The most common use of the TM symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO. The symbol can indicate your intent to move forward with obtaining a legal trademark.Jul 21, 2020
What is the cheapest way to trademark a logo?
The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS). Remember that you can only register one trademark per application.
How hard is it to file for a trademark without a lawyer?
With trademarks, the entire process can be completed online pretty easily, even if you do it yourself without hiring an attorney. The United States Patent and Trademark Office, or USPTO, provides great self-help and a manageable online interview.
Is Nike Just Do It trademarked?
Just Do It or JDI for short (stylized as JUST DO IT. and set in Futura Bold Condensed) is a trademark of shoe company Nike, and it is one of the core components of Nike's brand. The slogan was coined in 1988 at an advertising agency meeting.
How can I protect my logo?
How can I trademark my business logo?Do a trademark search in USPTO or EUIPO for similar trademarks to make sure yours doesn't conflict with another registered mark. ... Complete a trademark application. ... Wait and monitor for progress.
Can I use the R symbol without registering?
If your mark is not registered with the USPTO then do not use it next to your mark. Using these symbols doesn't actually have any legal significance. But it's definitely a smart idea to use them because it notifies the public (and competitors!) that you're claiming trademark rights.
How do I copyright a name for free?
You can not register a trademark for free. However, you can establish something known as a "common law trademark" for free, simply by opening for business. The benefit of relying on common law trademark rights is that it's free, and you don't need to do any specific work filling out forms, etc.
How much does it cost to register a logo?
The government fees for trademark registration is Rs. 9000 per application per class for company. The government fees for trademark registration is Rs. 4500 per application per class for individual.
What's the difference between LLC and trademark?
LLCs and trademarks are each an integral part of the business world, but both serve different purposes. While LLCs are legal business entities that protect the personal assets of business owners from lawsuits and bankruptcies, trademarks protect the intellectual property of the business.Aug 31, 2021
How do I register my logo?
How to Register a logo?Step 1: Choose a unique logo.Step 2: Apply for your logo registration at the earliest.Step 3- Examination of trademark application.Step 4- Show Cause Hearing.Step 5-Publication of Mark in Trademark Journal.Trademark registration & certification.Nov 7, 2019
How much does it cost to trademark a logo?
The total cost to file a trademark with our assistance is $1,245. We charge a flat fee of $895, and there is a government filing fee of $350 (per c...
Can I tramdeark a logo for free?
Well... kind of. As we explain in detail here, you can get "common law" trademark protection for free. However, there are definitely some risks and...
Does trademarking my logo and name give me rights to the corresponding domain name?
In many cases you might not have any claim at all to a top-level domain if you do not already own it. Your rights will vary depending on the specif...
Which trademark symbol should I use once I have a federal trademark for my logo?
Check out our article here that explains the three trademark symbols.
What are the three types of trademarks?
Give Information About Your Mark. There are three types of trademarks: standard character mark, special form (stylized design), and sound. The first and most common type of trademark is a standard character mark, which is often just a word, phrase or slogan.
Can I use a trademark if it has already been registered?
This option is only used if you claim that your trademark has already been filed (but not yet registered) outside the U.S. Enter the country of foreign filing, the foreign application number and the date of the foreign filing.
What is a specimen in a trademark?
With a standard character mark or special form mark, the specimen is usually a PDF of your logo, in color if you are claiming color as part of a special form mark. With a soundmark, the specimen is a sound/motion file.
What is priority basis on intent to use?
For Priority basis on intent to use, you will enter the same information as 1-3 above for Priority Basis on Already Used in Commerce , but you must also check a box indicating that you understand “intent to use” as a filing basis.
What is the most important thing about logo design?
Your logo design can be a shape, symbol, images, words, or a combination thereof. The most important factor is ensuring that your logo is distinct. You cannot simply pick a dictionary word that is connected to the product or service you are offering and use that as your logo.
Can you rip off your competitors?
It’s pretty obvious that you shouldn’t rip off your competitors when you design a logo , but simply separating yourself from your obvious competitors might still land you in hot water. Before you approve the final design of your logo, you or your trademark attorney should search through the U.S. Patent and Trademark Office’s TESS system to see if any existing trademarked logos conflict with yours.
What happens if you get your logo approved?
Once your logo is approved, the USPTO will give you the guidelines that you must follow to maintain your logo. It is also a good idea to set up a trademark watch service at this point. A watch service will be charged with preventing other businesses and organizations from using your logo illegally.
Does Heineken have a star?
Additionally, Heineken’s trademark features green lettering while Macy’s features a star as an apostrophe. For an example of four entities using similar but distinctive logos in the same industry, take a look at these university paw print logos. Each paw print is a registered trade mark of its respective university.
What is 99designs?
99designs - In their own words: "We’re 99designs, the world’s largest online graphic design marketplace. We connect more than one million talented freelance designers with creative people, genius entrepreneurs, savvy businesses… anyone who needs great work." In short, 99designs lets you create design contests and get multiple ideas/concepts. You then pick your favorite and finalize it with that designer.
Can you trademark a logo?
One of the first decisions to make, is where you want to trademark your logo. There is no way of trademarking a logo for the entire world, all in a single step. You have to trademark in particular countries, such as the United States or Canada.
Why is trademark important?
A trademark can be utilized for a name, title, logo, or symbol representing a business. Because so much time and money is invested into developing your company's logo , it is crucial to secure it. A company logo is a visual representation of your brand.
What is intellectual property?
Intellectual property is any type of original creation, whether it is intellectual, artistic, or tangible. Almost anything you create is a piece of intellectual property: a song, a painting, an invention, a process, a novel, a movie, a recipe, a code— a logo.
How long does it take to trademark a logo?
Disclaimer: regardless of your choice on how to trademark a logo, be prepared for the trademarking duration to take at least six months to finish. .
Is Coca Cola a trademark?
For example, “NIKE” and “COCA-COLA” are obviously brands, but they are also trademarks. They are also trademarks because the owner of the brand has “trademarked” its brand to get legal protection.
Why is my logo rejected?
Your logo may have gotten rejected because it contains offensive phrases or visuals. Furthermore, if the logo’s text or imagery is confusing, overwhelming, and incomprehensible— it may be grounds for rejection. Logos need to be easily understood and simple enough for people to grasp.
What is a trademark that consists of a word or words?
Trademarks usually come in two primary forms, “word marks” and “design marks”. A “word mark” is a trademark that consists of a word or words, like “NIKE” or “COCA-COLA”. A design mark usually consists of a graphical element alone or in combination with words, and is often referred to as a “logo”.
What are the benefits of hiring an attorney?
Benefits of hiring an attorney include: Providing you crucial legal advice about your trademark. Conducting your trademark clearance search before you file an application. Preparing your application accurately. Responding to legal correspondence from the USPTO. Enforcing and maintaining your trademark rights.
Does hiring an attorney save you money?
However, in the long run, hiring an attorney may save you money because an attorney will know how to best advise you on your trademark’s registrability, prepare your application, and respond to the USPTO on various issues that might arise throughout the process.
Final Version of Logo
The first thing you need is the final version of the logo you want to register.
Trademark a Logo – Color vs. Black and White?
Before you apply to trademark a logo, you need to decide whether you want to register it in color or in black and white. Although many individuals and businesses choose to register their logos in color, there are a couple of compelling reasons why you should consider applying to register your logo in black and white.
Using the Registered Trademark Symbol
Another notable advantage of applying to trademark a logo in black and white is that, once your trademark registration is granted by the USPTO, you can use the ® registered trademark symbol in close proximity to your logo no matter what colors it comprises.
Trademark Application Requirements
On the USPTO trademark application form, you’ll be asked to provide a textual description of your logo. This description must be quite detailed and address all of the features of your logo.
I Can Help You Trademark a Logo
I’m experienced US trademark attorney Morris Turek. If you have any questions about how to trademark a logo, or would like some assistance federally registering your logo as a trademark, please feel free to give me a call at (314) 749-4059, shoot me an email at [email protected], or message me through my contact form (below).
How to use a mark in commerce?
If the mark is published based upon the applicant's bona fide intention to use the mark in commerce and no party files either an opposition or request to extend the time to oppose, the USPTO will issue a notice of allowance about eight weeks after the date the mark was published. The applicant then has six months from the date of the notice of allowance to either: 1 Use the mark in commerce and submit a statement of use (SOU); or 2 Request a six month extension of time to file a statement of use (extension request).
What is a trademark?
A trademark typically protects brand names and logos used on goods and services. A patent protects an invention. A copyright protects an original artistic or literary work. For example, if you invent a new kind of vacuum cleaner, you would apply for a patent to protect the invention itself. You would apply to register a trademark to protect ...
How often do you check your trademark status?
You must check the status of your application at least every six months after the initial filing of the application, because otherwise you may miss a filing deadline. See checking status for more information about this.
Can a domain name be used as a trademark?
Use of a domain name only as part of a web address does not qualify as source-indicating trademark use, though other prominent use apart from the web address may qualify as trademark use. Registration of a domain name with a domain name registrar does not give you any trademark rights.
What is a domain name?
A domain name is part of a web address that links to the internet protocol address (IP address) of a particular website. For example, in the web address " https://www.uspto.gov ," the domain name is "uspto.gov.". You register your domain name with an accredited domain name registrar, not through the USPTO. A domain name and a trademark differ.
Is a business name a trademark?
Similarly, use of a business name does not necessarily qualify as trademark use, though other use of a business name as the source of goods or services might qualify it as both a business name and a trademark.
What is the first step in trademark registration?
Selecting a mark. Once you determine that the type of protection you need is, in fact, trademark protection, then selecting a mark is the very first step in the overall application/registration process. This must be done with thought and care, because not every mark is registrable with the USPTO. Nor is every mark legally protectable, ...
Provide Applicant Information
- Select “no” to whether an attorney is filing the application. Then, enter the name of the owner of mark, which can be either a business or an individual. If an individual is filing the application, enter that person’s country of citizenship. For a corporation, enter the state or country of incorporation. For an LLC, enter the state or country where the company was organized. For limit…
Give Information About Your Mark
- There are three types of trademarks: standard character mark, special form (stylized design), and sound. The first and most common type of trademark is a standard character mark, which is often just a word, phrase or slogan. The second type of trademark is a special form mark, which is a stylized design and often contains words or phrases. With this type of mark, you will attach a JP…
The Optional Additional Statement
- You also have the option to enter various legal or informational statements that may pertain to the mark. The types of applicable facts existing at the time of filing include a claim of prior registration(s), translation, transliteration, the consent of an individual identified in the mark, or a concurrent use claim. Often filers choose to not enter any additional statement.
Selecting Goods/Services Information
- Your selection of goods/services must be precise and accurate. Do not simply select a listing that is close to your goods/services. Click “Add Goods/Services,” which takes you to the search page where you enter a word, number or phrase to search for Goods/Services. Enclose complete phrases in quotation marks. You can also search by the class number. Select the applicable Goo…
Choosing Which Basis For Filing to Assign Your Trademark
- You must select either 1a, 1b, 44d, or 44e. "Specimen" refers to your trademark. With a standard character mark or special form mark, the specimen is usually a PDF of your logo, in color if you are claiming color as part of a special form mark. With a soundmark, the specimen is a sound/motion file.
Review Your Information
- Carefully review all of the information you have entered. Make any corrections. Once you are satisfied that your information is correct and complete, click “continue.” If you are filing yourself without an attorney, make sure you do not click on attorney filing or appoint a domestic representative.
Fee Information and Signature
- You must choose one of three signature methods. The first and easiest method is to sign directly with an electronic signature by typing in your name. If you are an authorized representative of the mark owner, you can use this method. The second method is to have an e-mail form sent to a second party for signature. The third method is to print out a signature page, sign it and submit t…
Validation
- At this point, you have completed all of the mandatory fields and have successfully validated the form, although your application has not yet been filed to the USPTO. You must click “pay/submit.”
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