Logos are some of the most effective branding tools. They are more than just pretty pictures for customers to look at while they use a product or service.
The best logos are a visual shorthand for everything your brand stands for, including the products you offer, the services you provide, and your company culture or message. A logo taps the human preference for visuals.
Names and logos are the cornerstones of almost every brand. If you have a logo, it is likely the cornerstone of your brand. That’s why you need to protect it. But how?
That’s where trademarks come in. A Federal trademark provides many nationwide protections and ensures that your brand is exclusively yours. Plus, a few reasonable proactive steps can go a long way to safeguarding and securing your brand.
Whether you’ve been running a successful business for years, just started a business, or are considering launching one, here’s what you need to know:
The single best way to protect a trademark is with a Federal trademark registration.
A Bit About Trademarks and Protecting Your Logo
Logos, like all trademarks, represent brands. They help customers find the products and services that they like and distinguish a business’s products and services from the competition.
Trademarking your logo gives you the exclusive right to use it. If you don’t, then your competition can use it, or one that is really close. Also, only one business can own a brand in an industry. Typically, it’s whoever trademarks it first.
If someone else trademarks your logo first, they’ll own the exclusive right to use it nationally. You’ll likely have to rebrand. That’s why it’s important to protect your trademarks.
Here’s how to start the process:
- Check the availability of your product name as a trademark
- Collect your information and decide on a strategy for your Federal trademark application
- Prepare and file your new application (correctly)
- Start using the right trademark symbol with your product name
1. Check Availability with A Trademark Search for your Logo
The very first step is to determine if your logo has been trademarked by anyone else. This is because a lot of logos are already trademarked. So, you may want to run a trademark search of the Federal trademark database to find exact and close matches. It can also be useful to conduct Internet searches.
It is not easy to search the Federal trademark database for logos. This is because the USPTO indexes logos and designs using codes for every visual element. You’ll need to know all of the codes for the elements in your logo, which gets really complicated. Also, exact and similar trademarks used by other businesses are relevant to the Federal registration of your trademark.
That’s why it’s best to have an attorney run your trademark search. It needs to be done correctly to make sure that your logo is available before you start using it. Otherwise, you can be sued or forced to rebrand. Plus, any trademark applications you file (see below) will be denied, and you won’t be issued a refund. And, trademark applications aren’t cheap. So, it’s really important to make sure that you run the search correctly.
Get a customized trademarking strategy for your brand and legal help every step of the way. Contact us today.
2. Collect your information and decide on a strategy for your Federal trademark application
Applying for a Federal trademark is more than just filling out online forms. That is the easiest part of the process.
The preparation of a new trademark application begins by making some tactical decisions about the protection for which you will want to apply.
When you apply for a Federal trademark, you start a Federal legal proceeding – and it can get complex in a hurry. The Federal trademarking process involves making dozens of legal decisions and judgment calls. Plus, these decisions and judgment calls are interrelated, and some wrong choices can sink your application from the start, without you even knowing it. So, the most successful applicants start the application process with a strategy.
For starters, you’ll need to decide:
- whether you should claim the color(s) in your logo;
- whether there are any descriptive aspects that could unnecessarily limit your protection;
- if your drawing be acceptable
- which products/services should be included in your application and which ones should be excluded; and
- the correct filing basis for their application.
If you don’t understand the legal consequences of each of these options, you’re very likely going to get one or more of them wrong, which will impact your brand protection.
Also, every application must be filed in the name of the owner of the mark. The owner may be an individual, a corporation, a partnership, or an LLC, for example. The right choice depends on several factors. If you get this wrong, you’ll need to refile the application and start again.
Further, you’ll also be required to swear to the truth of specific statements about the choices in your application. If you get any of them wrong, your application may be unenforceable.
These are just some of the reasons why DIY applications are 50% less likely to succeed at the USPTO.
3. File your Trademark Application with the United States Patent and Trademark Office.
Every application starts a Federal legal proceeding, involving countless U.S. Patent and Trademark Office rules and regulations. These rules and regulations impact EVERY aspect of a new Federal trademark application. And, you’ll be required to comply with them even if you don’t know or understand them.
Also, the application system uses trademark jargon and “terms of art,” which are words that have specific meanings only in the world of trademarks.
Here, it is important to understand that not all applications result in registrations. The USPTO severely limits the types of changes you can make to an application after it is filed. So, mistakes during submission can easily sink an application.
Read More: Why you should consider using an experienced trademark attorney
4. Start Using the Right Trademark Symbol With Your Logo
Using a trademark symbol is an important signal to consumers (and the competition) that your logo represents your brand.
There are three trademark symbols. They are:
- the letters TM
- the letters SM, and
- the letter R in a circle — ®
The letters TM are a trademark symbol for unregistered trademarks (marks for products like shoes or computers).
The letters SM are a trademark symbol for unregistered service marks (marks for services such as legal services).
The ® is a trademark symbol for Federal trademarks (trademarks or service marks registered with the U.S. Patent and Trademark Office). The ® trademark symbol is reserved for Federal trademarks only – after you have a Federal trademark registration.
Read more: All about trademark symbols (in plain English)
For more than twenty years, Michael Kondoudis has been the go-to trademarking expert for businesses of all shapes and sizes. Michael is a USPTO-licensed trademark and patent attorney, educator, speaker, and author of the Amazon best-seller: Going From Business Owner to Brand Owner. He is also an authority trusted by national news media on major trademark stories.
Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).