How to Trademark a Logo

Can you register a trademark for your logo?

A well designed logo can mean so much to your business. It can embody not only what your product is, but also the way in which you conduct business. Perhaps your logo speaks to the character of your team. A distinctive logo can set you apart from your competitors. When consumers see your logo, they should be able to recognize that you are different from others selling similar goods or services. A trademark registration protects your logo and gives you advantages, from both offensive and defensive perspectives. Before filing, however, you should consider whether it makes sense to trademark your logo as a design mark or a word mark.

If you file a word mark application, then you’re really trying to protect the wording of your logo regardless of its design. No graphic elements can be included in a word mark application where the drawing is typed out in standard characters. So does it make more sense for you to register the wording alone or the logo with all its stylistic elements?

A logo is sometimes called a design mark in the trademark world. A design mark application involves certain things that a word mark application would not require. For example, you will need to submit a special form drawing as opposed to merely typing out the words.

If the visual and graphic design elements of the logo are worth protecting, a design mark application to trademark the logo

Does your logo include words or only a graphic design?

Your logo might consist of a graphic object only, or a combination of wording with a graphic object. If your logo includes wording, then you will need to make a strategic decision on which trademark applications to file. In particular, you might file for:

  1. graphic object alone;
  2. graphic design plus wording (composite mark); and/or
  3. wording alone.

These decisions get tougher when your budget is lower. An experienced IP attorney can prove to be a valuable resource in providing some guidance on where to prioritize your money and time in trademarking your logo.

What important decisions need to be made in trademarking a logo?

If you decide to file a design mark application, you will need to decide whether or not to include color in the applied-for mark. My general preference is to file in black-and-white and not claim any colors. This gives the trademark owner flexibility to choose any colors in actual usage, and to change colors in the future without affecting the trademark registration.

How much does it cost to trademark a logo?

As of the date of this post, our IP firm charges a flat rate of $900 per class of goods/services to file a trademark application, including the USPTO fee. Additional charges would apply for an ITU application that would require a subsequent Statement of Use, and for any refusals requiring a response.

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Frenda Williams
Frenda Williams
2023-02-21
I have had the pleasure of working with Vic and his team at Innovation Capital Law Group on Trademark creation and contracts. As a solo and non-tech founder, the assistance, guidance and recommendations from Vic and his team have been INVALUABLE. And, with the knowledge that I have a Solid, well versed and caring legal team I can turn to, I have the confidence I need to navigate the intricacies of the tech industry as a solo founder. With that being said, If you’re a startup and you’re looking for a legal team that speaks your language, knows the industry and makes you feel like family…. Innovation Capital Law Group is a Perfect fit for you, your company and your team. Five out of Five Stars… don’t let their brilliance blind you 😁
Shiwei Liu
Shiwei Liu
2023-02-20
Excellent service and quick response. Lots of informative documents on its website.
Chang Chien Michael
Chang Chien Michael
2023-02-20
I have worked with iCap for more than 7 years. I am very glad with his professional knowledge that 7 utility patents were granted by USPTO. Vic and his team are very efficient and knowledgeable. Every time he can transcribe my design idea perfectly in two weeks and file it with no rejection from USPTO. The other service including the granted patent following up is always in time to remind me to take actions. That is why I still stick on iCap as my first priority when I want to file a US patent.
Mats Johansson
Mats Johansson
2023-02-20
We have been happy client for 10+ years. Awesome Patent Law Firm!
Hanson Chang
Hanson Chang
2023-02-16
Glad to write a review for Innovation Capital Law Group. We previously worked with a big law firm (2200 employees) on our patents, and decided to shift over to Innovation Capital. It was a great decision, this team got our patents done faster, more effectively, at a lower cost, and with broader claims. Win all around
Genevieve Springer
Genevieve Springer
2022-09-09
Clear, discernible tools and strategies couched within a business conceived from a genuine interest in doing right by founders.
InPlay Inc
InPlay Inc
2022-06-30
Vic and his team have been providing us with the best patent application experiences we could ever have in our entire career life! Their professionalism and technical knowledge have really saved us a lot of communication effort and time on the applications. Definitely highly recommend if anyone is looking for help with IP protection for their business.
Meg Crowley
Meg Crowley
2022-03-05
After working with Vic and his team at Innovation Capital Law Group, our organization is confident our trademarks were solid and protected. Thank you team.
Andy Dong
Andy Dong
2022-02-28
I have been using Innovation Capital Law Group for a few years and continue to use them. They have provided an excellent services on our legal issues including intellectual properties and patents . They are very responsive, easy to work with and very competent . I highly recommend them.

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