A trademark is a vital part of any company’s overall branding strategy, one of the most prominent parts. Whether a startup, a new company, or an established business, a logo sets a company apart from its competitors and makes it recognizable to customers and in the marketplace.
In the process of setting up the “moving parts” of a business or rebranding one, you may release your new logo quickly. Even if you’re already planning to get a trademark for it, you may wonder, “Should I trademark my logo before using it?” The answer is YES.
Your logo is also your intellectual property. When you trademark your logo, you have a legal designation that protects your intellectual property from infringement, such as others using it or something very similar for a different business or purpose.
Getting A Logo
Whether you design it yourself with Canva or hire a graphic designer to create the logo for you, you’ll own the trademark. If you hire someone, you will own the trademark once you purchase it from them. You’ll be able to use it whenever and wherever you want for your business.
Even without registering your trademark with the U.S. Patent and Trademark Office (USPTO), you still have legal protections. However waiting to register your logo with a trademark can be costly down the line, especially if your business is competitive. The logo trademark benefits your business since registration prevents another company from using either your logo or something very similar.
Register Your Trademark
The USPTO allows you to apply for a trademark before you begin using it to protect your logo. You do not have to start your company to trademark your logo, name, or other intellectual property. This is especially important for a startup company.
When filing your trademark registration application, you can either file it as “use in commerce” or “intent to use” if you’re not yet using it for the business. You can begin the trademark process long before you are open for business. Otherwise, you run the risk of another company using your logo first—and trademarking it themselves.
Regardless of which filing basis you choose, the USPTO will review your application, check for any conflicting trademarks, notify you of any issues that need to be addressed, and initiate a public opposition period. If you apply under the “intent to use” basis, you’ll receive a Notice of Allowance (NOA) once these steps are completed. This serves as a conditional approval. To finalize your federal registration, you must begin using the trademark in commerce and submit the necessary follow-up documentation.
Once a logo has been registered, the business owner has specific responsibilities for maintaining the logo’s registration:
- Continue watching for possible conflicts including similar names and likenesses, i.e., “policing” the logo, since the USPTO does not keep watch. If your logo becomes too “familiar” or “generic,” your federal registration could be lost. The USPTO is not required to notify an owner of a similar logo, so it’s imperative to keep watch for others that look like yours to avoid confusion or infringement.
- File the correct renewal paperwork 5 years, and 10 years after registering your logo. Renewal every fifth and tenth year is not automatic, nor does the USPTO always send out reminder letters.
Working with a trademark attorney can help your business stay current on future deadlines to avoid lapsed or canceled registration or losing a registration because another company has already registered something similar.
Logo Trademark Benefits
Trademarking a logo offers several important benefits that can protect and strengthen your brand. Here are the key advantages:
- Exclusive Rights
- A registered trademark gives you the exclusive right to use your logo in connection with your goods or services, helping to prevent others from using a similar mark that could confuse customers.
- Legal Protection
- Trademark registration provides legal grounds to take action against infringement. You can sue in federal court and potentially recover damages, attorney’s fees, and other remedies.
- Brand Recognition and Value
- A trademarked logo helps establish a consistent brand identity, making it easier for customers to recognize and trust your business. Over time, this can increase your brand’s market value.
- Nationwide Protection
- Federal registration with the USPTO grants trademark rights across all 50 states, even if you currently do business in just one area.
- Deterrence and Public Notice
- Once registered, your trademark appears in the USPTO database, which puts others on notice that your logo is protected. This can discourage competitors from choosing similar branding.
- Easier International Registration
- A U.S. trademark can be used as the basis for registering your logo in other countries, making it easier to expand globally.
- Ability to Use ® Symbol
- Only registered trademarks can use the ® symbol, which signals that your logo is legally protected and reinforces your professional reputation.
The sooner you begin the trademark process for your logo, the better for logo trademark benefits. If you don’t, your competitor can use that same logo, or a very similar logo for their business. Without trademark protection, the USPTO can force you to stop using your logo.
Let Top Shelf Trademarks Protect Your Logo
Contact us today to schedule a consultation and ensure your trademarked logo is protected in the marketplace. The Law Office of Lindsay Kaplan has been helping companies throughout the United States with their trademarks and protecting their intellectual property since 2016. Contact our office today by phone at 1-845-417-7817, via email at team@lkaplanlaw.com, or our website.