Chapter 10: Trademarking a Logo, Business Name or Phrase
Even though most logos don’t have the symbol of ™ next to the image, they are likely trademarked.
Many businesses believe that they have to trademark a business name and logo before forming an LLC. However, a trademark is different from a business name or logo. It is the designation or origin of a brand that signifies a service or product.
In the US, common law trademark rights come from first use within a geographic market or product category.
This means that if you start selling services or goods under a preferred trademark now, you can claim ownership of it later even if you don’t formally register it with the US Patent and Trademark Office.
After you register the trademark, only then can you use the ™ after the logo.
Is Trademark a Good Idea For Any Business?
Depends. It’s pretty circumstantial, actually.
If you’re a startup business who doesn’t have the capital to invest in a trademark, then it might not be the best timing. If you’re a more established company with a steady stream of customers, this could be a more feasible situation to pull the trigger on your trademark.
It’s a good idea to get trademarks registered as soon as possible because common law rights are limited. They mostly pertain to the region where 
your mark is being used.
Registration will also help you in cases of legal battles as well. If you begin selling products before you have done a trademark search, you could be in trouble for infringing upon another company’s rights.
You definitely don’t want any legal risk. The last thing you need in your early stages of development is a cease and desist letter. That’s why it’s important to see if there are trademarks for your business name even before you start into the logo design process.
When Should You Get a Trademark for Your Logo
At the time this is being written, you can file a trademark application for a filing fee as low as $325 with the U.S. Patent and Trademark Office (USPTO) to get started. There are also online services like LegalZoom or Trademarkia that charge a small fee in addition to the federal fees.
Some businesses hire attorneys to handle trademarks and protection of intellectual property.
A study conducted by the Wall Street Journal showed that trademark applicants who used attorneys were 50% more likely to get trademarks approved than were those who had no legal representation to help them.
That’s a massive stat.
During the logo design process, you can start the trademark process without having to wait until your logo is completely finalized. You should do your research first and look for any and all trademarks that are already associated with the name that will be in the logo. If you do find companies with similar names, look at the logos of each and discover how you need to differentiate in order to use a trademark
Steps to Getting Your Logo Trademarked
In order to copyright or trademark a logo, you have to visit Copyright.gov.
You can find all sorts of beneficial information on here including copyright basics, current fees, frequently asked questions, copyright tips, online service providers for searching copyright records and licensing information. It also walks you through the entire copyright process.
Filing a trademark online is the simplest way to get your logo protected.
1. Go to eCO Online System at Copyright.gov.
Read through the acceptable file types, tutorial, and frequently asked questions first.
2. Click “Login to eCO.”
Even if you don’t have an account, you can log in to the eCO Copyright Office.
3. Click “Continue to eCO.”
Read through the security and privacy terms on this page, then click the button.
4. Look to the left and find the blue text “If you are a new user, click here to register” inside the gray box. Click this text to register.
5. Fill in your information.
The form asks you for first name, last name, email, user id, password and challenge questions. Click “Next” when finished. Now fill in your address, phone number and contact method. Click “Next.” Now you will be taken to the registration page.
6. On the left side of the registration page, you’ll find a sidebar. Under “Copyright Registration,” click “register a new claim.”
7. Answer all of the questions related to your copyright.
The process takes about 20 to 30 minutes depending on what you are copyrighting. If at any time you want to stop and finish later, just click “Save for Later.”
The registration process is easy to get through online by yourself, but if you have more questions or want your process to be expedited, then you may want to 
speak to a lawyer about getting your copyright done efficiently.
How Much is it to Trademark a Logo Design?
The fees for trademarking a logo are very clear. These are broken down into filing fees for each class. In addition, you may choose a service to file a trademark for you, which will add $100 on top of the filing fee price at the USPTO.
• $275 per class for a TEAS Plus.
• $325 per class for an application filed electronically using the eCO system.
• $375 per class for an application filed on paper.
You can read more about how much to trademark a logo by going to the frequently asked questions page.
4 Common Mistakes When Trademarking a Logo Design
Once you have made it as a business and you’re ready to move forward with your logo design, it can be difficult to bring it to market without getting a trademark. There is always that looming possibility that another business will snatch up the brand identity that you have created.
If it keeps you up at night — get it done. The added stress just isn’t worth it.
#1: Going Straight to the USPTO Website and Filling out an Application
While it may seem easy to start filling out a trademark application, many people received a denied application due to “Likelihood of Confusion” refusal from USPTO for trying to register a mark that is too akin to someone else’s trademark.
It is wise to do your research before going to the site to register your trademark. You can research other businesses with similar names or even Google by image to see similar images of your logo concepts.
#2: Applying for a Trademark Registration of Logo But Not Brand Name
Founders often make the mistake of simply registering a logo. However, they don’t realize that a trademark registration for a word or words also covers the use of those words regardless of size, shape, color or font.
You get more bang for your buck if you apply to register just the word mark instead of the logo. Pretty slick huh?
You’ll find this option on the application. USPTO gives you two options: “Standard Characters” or “Specialized Form.” The standard form is a word or words for which you are seeking trademark registration. If it’s a specialized form, then it’s a stylized trademark, such as a logo.
If the brand name is a part of the logo design, then the trademark protection of that version of the brand name is more limited than if you just registered the name alone through USPTO. Trademark rights are limited to the words as they are styled in a logo’s design.
#3: Trying to Register Something That Doesn’t Qualify
In order to get protection under trademark, it has to qualify for protection. Trademarks can be names of products, services, phrases, slogans, colors or smells. However, a feature of your goods or service is not a trademark.
Logos, names and taglines can be registered as trademarks, but to do so, they also have to meet qualifications.
Uniqueness is one of the biggest requirements. As stated in #1, you can be denied if your logo is not unique enough. You can’t seek registration for a common word or phrase that others need to use as well.
The only way it does work is if you are using it in a completely unrelated industry.
#4: Making a Bad Investment
When you start the registration process for a trademark, you may be thinking about how much the trademark for a logo costs. Instead, try to shift the focus slightly to ask, “How much should I invest in this trademark?”
Congrats!
Congratulations! You have learned everything there is to know about a successful logo design.
Each part of this logo design guide can act as a point of reference for future projects. Now go and have confidence that your logo design project will be a 100% success!
