How to trademark a logo uspto [Beginner's Guide]



Last updated : Aug 16, 2022
Written by : Athena Baites
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How to trademark a logo uspto

Can I trademark a logo that already exists?

If you're wondering, "can you trademark something that already exists," the simple answer is "no." Generally speaking, if somebody has used a trademark before you, you can't register the trademark for yourself.

Can I use TM on my logo?

You can claim a trademark on anything by using the TM Symbol, but you can't use the registered trademark symbol (R) unless you have registered the trademark with the US Patent and Trademark Office.

How do I register a trademark in the US?

The United States Patent and Trademark Office (USPTO) encourages online filing via TEAS (Trademark Electronic Application System) on its website at https://www.uspto.gov/trademarks-application-process/filing-online/initial-application-forms. Over 85 percent of trademark applications are filed electronically.

How do you check if a logo is trademarked?

You can search all applied-for and registered trademarks free of charge by using the U.S. Patent and Trademark Office (USPTO)'s Trademark Electronic Search System (TESS). If your mark includes a design element, you will have to search it by using a design code.

Should I trademark or copyright my logo?

How to legally protect your logo design. To protect your logo, you need a trademark or service mark (trademarks are generally used for products, while service marks are usually applied to services). You should not copyright or patent a logo design.

How much is it to trademark a logo?

What Does it Cost to Trademark a Logo? The cost to trademark a logo with the U.S. Patent and Trademark Office (USPTO) is $275–$660 as of June 2020, plus legal fees. You can register a trademark with your state for $50-$150, but federal registration offers a great deal more legal protection.

Where do you put a trademark on a logo?

Typically, it is placed in the upper right-hand corner, in the lower right-hand corner, or level with the mark or logo itself—each is an acceptable way of displaying the relevant symbol.

How can I protect my logo?

  1. Do a trademark search in USPTO or EUIPO for similar trademarks to make sure yours doesn't conflict with another registered mark.
  2. Complete a trademark application.
  3. Wait and monitor for progress.

How long does it take to trademark a logo?

Ans: Trademark Registration is a lengthy process and it takes around 18-24 months to obtain registration in a straight-forward case, without any objections or oppositions. However, the trademark application number is usually issued within one or 2 days after filing.

How do I patent a logo?

No, It Isn't Possible to Patent a Name To protect your brand name and logo, you will need to utilize the trademark registration service. Both patents and trademarks are registered with the United States Patent and Trademark Office. You will need to submit the proper application and pay the appropriate fees.

What are the three requirements for trademarks?

  • Arbitrary, fanciful, or suggestive: If a mark is a part of one of these three categories, the mark is inherently distinctive.
  • Descriptive: A descriptive mark can only be trademarked if it has taken on a second meaning.
  • Generic: Marks that are generic are never trademarked.

Can I file for a trademark myself?

You can do this yourself on the USPTO database, and/or you can hire a professional firm or attorney to engage in this process. Fill out the trademark application on the USPTO website. The forms are fairly self-explanatory. You will list your name, business information, and describe your mark.

How do I trademark an image?

  1. Decide on Your Logo Concept.
  2. Check for Existing Trademarks Before You Approve the Design.
  3. Ensure a Design Distinctive Enough to Trademark.
  4. Apply for Your Trade Mark as Soon as Possible.
  5. Wait for the trademark to be approved.

How long does a trademark last?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

How do I know if my logo is registered?

To search the USPTO's trademark database, go to TESS and choose a search option. If you are searching for a name, you can use the trademark name search. If you are searching a design mark, such as a logo, you will first need to look up your design code using the USPTO's Design Search Code Manual.

Do I need to patent my logo?

By simply having a logo, you have what's known as a common law trademark for your logo. That means that, without doing anything paperwork-wise, you have the sole legal right to use and amend that logo as you see fit. But without an officially registered trademark, that right isn't as secure as it could be.

What can you not trademark?

  • Proper names or likenesses without consent from the person.
  • Generic terms, phrases, or the like.
  • Government symbols or insignia.
  • Vulgar or disparaging words or phrases.
  • The likeness of a U.S. President, former or current.
  • Immoral, deceptive, or scandalous words or symbols.
  • Sounds or short motifs.

How do I copyright a logo for free?

Can you trademark your logo for free? You can not register a trademark for free. However, what you can do is establish something known as a "common law trademark" for free. You can do this by simply opening for business.

How do I trademark a brand name and logo?

  1. Complete a trademark search.
  2. Secure your rights.
  3. Submit an initial application at uspto.gov on the Trademark Electronic Application System or TEAS.
  4. Fill out the TEAS form for an initial application. Be sure to upload the file of your logo.
  5. Submit an "intent-to-use" form.
  6. Pay the fees.

What is the difference between copyright and trademark?

Copyright protects original work, whereas a trademark protects items that distinguish or identify a particular business from another. Copyright is generated automatically upon the creation of original work, whereas a trademark is established through common use of a mark in the course of business.


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How to trademark a logo uspto


Comment by Jeannie Fryer

so you want to trademark a brand first off i think it's a great idea if you're an e-commerce seller especially an amazon seller to go ahead and to brand your products because it really allows you to differentiate yourself from your competition and in addition it's going to protect your phrase or your brand that you're going to be trademarking here so today i'm going to share with you guys step by step how i actually go through the application you do not need a lawyer however it is recommended by the united states patent and trademark office but for me and you know just being an individual seller third-party merchant on amazon it's sometimes best to go ahead and do this yourself because honestly it's fairly easy to do so so today i'm going to take you step by step on some things that we need to do before we start our application then we'll get into the application for a golf brand that i'm trademarking and we'll finish it up so you know what to do next okay so the first thing that you have to do before you even get into your trademark application is to understand what your brand is and what are you trademarking for us today we are going to be trademarking the brand of vibrae golf it's italian for to live golf it's a brand i'm going to be using for some training aids coming up here in q4 during the holiday season so there's a link in the description and this is going to be our trademark like sorry trademark electronic search system we're going to search for that trademark brand and you're going to be searching on your behalf for your trademark brand to see if someone is actively using it if someone is actively using your trademark you cannot use that so you'll have to find a new brand name so the first thing that we're going to do is we're going to go to this section where it says select a search option and we're going to click this first one where it says new user once you click that there's one thing to do on the left here and we're going to type in our trademark brand i usually filter this down to just the live trademarks i really don't care about the dead trademarks that aren't active uh and then i'll go down to search term here so again ours was vivare golf with the space between them type in your trademark here after you do that click submit query and you're either gonna be brought to a screen where it says there are no records found which is great so that means that i can use and trademark this brand name as is now let's go through an example where we do find so i'll just type in vibrae live trademarks and as you can see there are a lot of live trademarks just with the vivre name in them or by itself so if you come across here and you see a lot of trademarks that have the existing brand name that you want to use odds are that you cannot use that i mean you could go into each one of these and see what class they are trademarked under but it's really going to take a lawyer to come in here and fully understand if you can or cannot do it my word of advice is if you have all of these listed here for your trademark name that you want to use go ahead find something different it isn't the end of the world so for us when we searched it for vibrate golf it was not located on here so that's assurance that i can go ahead proceed with my application and i can make sure that it gets submitted and approved next we uh we need to go and figure out if we're going to be doing a logo for our trademark or if we're just going to do basic text so i want to do a logo that has this cursive like text it's uh dr defoe text so i'll be doing a logo for this demonstration for you if you really don't care if it's um you know the design of the trademark itself you can just do a basic formatted text and uh you don't have to go through this entire process however if you do want to do a logo make sure you use some type of software to create it like this and then you're going to want to save it as a jpeg file i'm using canva.com great free online software that you can use you can go ahead and create free logos such as this simple one right here make sure that you save it in a jpeg format because that's the only format that they will accept and then you want to make sure that your file size is under i believe it's 944 pixels on either side as you can see this is a thousand by thousand it's too large so we need to reduce that down to uh 500 by 500 i think the minimum is 250 by 250. so just make sure you're within that and turn the quality up and then i will save this and download it to my downloads folder alright so that's step two we're almost there to the application step three in the final step before we can actually get into the application and please do these steps because it's going to save you time the last thing you want to do is submit an application and it gets denied by the government because you didn't follow some of these steps or you didn't do your due diligence that you need to next we are going to be searching the trademark id manual so this manual is an assortment of all these classes that are filed and services on behalf of people like us and companies now we need to search this because in order to decide if we're going to go with the teas plus or the t's standard application two different applications we need to make sure that there is a class that's out there that relates to our products if there isn't a class that relates to our product we're going to go with the more expensive option which is the teas standard and it's about 350 dollars per class or service so let's say that you have a brand where you are selling wallets you go ahead you fill out this application you get your trademark for that specific class now that does not mean that you can go and use your brand name to sell stereo equipment or lights because that trademark is only eligible in that class or service so that's one thing to keep in mind is that you're only trademarking within a specific narrow niche per se and that's one thing you have to keep in mind when you're going about this so in here what you want to type in is what your product is so for us it's going to be a golf training aid i'm just going to take golf training to see what we have so you can see a bunch of different classes come up i do not pay attention to the ones that are strikethroughed and then just focus on the ones that relate to your product so we're going through these uh it's a golf training cage that would not relate to my putting device that i'm creating the next one golf practice platforms it's a golf apparatus that would work for what i'm doing and but i'm going to take a look at the rest of them just to make sure this third one down here a motorized golf tripping practice aide nope mine's not motorized and it's not a brace that will be worn on the hand so if you're if you type this in and you can try a couple different searches maybe golf aid next but if you find one that's good news you don't really remember this yet because you will search this later on the application but if you search this and you couldn't find anything or anything that related to your product you're going to have to go through th


Thanks for your comment Jeannie Fryer, have a nice day.
- Athena Baites, Staff Member


Comment by Lahoma

hey this is attorney elizabeth potts weinstein and today we're going to talk about how to file your own trademark application with the united states patent and trademark office including a step-by-step tutorial of exactly how to do it on the uspto.gov website in this video i'm assuming that you already have most of the stuff put together for your trademark application and you're ready to go if you don't have that stuff done check out this playlist and you will get all the step-by-step bits of informations and decisions you need to have already done before you get started with your filing so the first thing to do is to go to the uspto.gov website here we have the website for uspto.gov united states patent and trademark office if you go under trademarks you can go to apply online under apply online are a bunch of different categories for forms now if you're just filing for the first time you're going to be doing the initial application form but there's also all the other forms are accessible here so if you need to respond to something from the trademark office file your intent to use forms which i will talk about later change your address any of that kind of stuff you can find those forms here so you're gonna go to initial application forms now with the united states patented trademark office there's one online application system but you have two different categories of filings one is the plus and the other is the standard there's a number of differences between them but the biggest difference besides one of them being less expensive than the other is that with the plus you have to select from a list of classes and with the standard you can make up your own class or description of your products and services i highly recommend that if it's at all possible you select the plus not just to save money but because if you are picking your class from a list of classes you're going to have formatted it correctly and also will make it much faster and easier for them to approve your application the only time we really use this standard is if what my client is doing we just can't find anything on the list that is even remotely applicable or we're applying the united states basing it upon a foreign application from another country and their descriptions are so different we want to use their descriptions here in this filing to the extent possible there are also additional statements that are required in the plus application that you must make at the time of application the ones that typically come up the most are the name of a living person or that your trademark includes reference to a specific geographic area so i can file a trademark with my name in it however i have to give permission to myself to file that application so this is something to be aware of if you're doing a plus application this list also applies to you not just the class selection so let's say we're ready to apply so we're going to start the application the next thing you're going to need to do is to log in if you don't have a login and email for the uspto.gov then you can create one otherwise you need to log in with you log with an email address a password they also have a second level of authentication the next screen you come to is the beginning of the application there is a video that you can watch i recommend doing that because it's always great to get more information and this is a dynamic application so when you select things it will change what the next questions are also be aware that if you have inactivity it will log you out you can save your session though and come back to it later and that's what this is about if you save your session then you have to upload a file to create it back in so here i'm going to pretend that i'm not an attorney filing the application i'm going to pretend that i'm doing this myself and i'm gonna pretend i'm doing a t e t e a s plus application so the first screen is who is the owner of this trademark now if you are a sole proprietorship then or you're filing as an individual inventor then it will be you but if you have an llc or a corporation it'll probably belong to that business instead of you personally so let's say my i have a llc called potsfeinstein llc and that's going to be the owner of the mark then i click limited liability company for the entity type and it's going to change what some of these questions are so it will take a minute to load now i have to select what state it's in or if it's not in the u.s then you select this sometimes i run into an issue where someone has a business that's from another country and so they so their entities are have different names but the trademark office does have places for you to put that information to now we're going to put the mailing address main street this is a made up address well it might actually exist but that's not my address okay now domicile address this is something that's very important for anybody who is using their mailing address that's not your physical location you have to have a physical location address in here this physical location address will not appear on the publicly available database so you don't have to worry about that from a privacy perspective but you have to have an address so they know that you're physically located here in the united states if you are not physically located here in the united states then you're gonna have to have an attorney who's located here to represent you i don't necessarily think that rule is fair but that's just the rule so let's assume that this is actually my physical location you can put in a phone number and fax number you don't have to put in a phone number but sometimes the trademark examiner will call you because you messed up something your application that is relatively straightforward to fix so if you don't put a phone number in here there's nobody they can call they might email you but some examiners are not into email otherwise they'll have to issue an office action which is a lot more complicated so i'm going to put in an email address this is my business email address you can also put in the website for your business i recommend doing this so when they do a search and you come up for your own trademark they know that it's you so i'm gonna put in my website address then i hit continue it's going to look at everything i filled out and give me information about things that i missed or i messed up in the filing so it tells me that i did not enter a telephone number i'm just going to skip it for right now but generally i'd recommend putting in one it does not get listed publicly so you don't have to worry about that now i can finally put in my trademark so i'm going to use the trademark that we talked about in one of the other videos which is irene whoops i on the trail this is a person who has a business about hiking irene is not this person's name irene they're using as an abstract concept now here's special standard characters special form sound mark those are the different kinds of trademarks so a special form a lot of times would be a logo i'm not going to go into sound marks that's fairly rare for someone to do but th


Thanks Lahoma your participation is very much appreciated
- Athena Baites


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