MGM's lion. Nike's swoosh. Target's bullseye. These logos are more than images. They give companies instant recognition with buyers and represent an organization's individuality. Logos for well-known companies can be identified at a glance and have tremendous marketing power. That's why companies invest big bucks in finding top-notch designs. And simplicity is the name of the game in today's competitive logo world. Ornate details get lost in today's one-glance environment.
So, even if you're starting small, you don't know where your company will go—or grow. After all, Walmart began in 1962 with a single five-and-dime store and is now the world's largest corporation. In other words, you want to consider the future now. Think from the ground up and start by creating a unique and recognizable logo.
But you also want to keep yourself safe on both sides of the logo process. That means (a) protecting your logo and (b) making sure you're not using someone else's logo.
The best way to safeguard your logo? Trademark it. Trademarks protect words, names, symbols, sounds, and colors and distinguish one company's goods and products from another. Trademarking a logo not only protects it from being used by other similar companies, but it also protects a company from unknowingly infringing upon an existing logo.
Why trademark a logo?
Registering your mark gives you legal protection and lets the public know you own the mark. In fact, the mark ¨ can only be used after the logo is actually registered with the U.S. Patent and Trademark Office (USPTO).
There are two types of marks you can register with the USPTO (1) trademarks, which identify goods or products, and (2) service marks, which are used exclusively to identify services.
If you do not officially register your logo with the USTPO, you can still use it. That's because using a logo creates a "common law" trademark. Common law trademarks use either the "TM" (trademark) or "SM" (service mark) symbol to inform businesses that you own your logo. However, common law trademarks offer limited protection. To protect yourself nationally, it is best to register for a federal trademark. And in case of a lawsuit, your trademark registration provides a documented start date for your use of the mark.
A trademark search for your logo
Before registering a trademark for your logo, it's best to do a trademark search. This will determine if your logo is truly unique. You can perform a trademark search on the USTPO website at www.uspto.gov to determine if your logo is already in use by someone else. Attorneys and professional search companies, like LegalZoom, can also conduct more comprehensive searches.
Keep in mind that a search is not required. However, if the logo you want to trademark is found to be too similar to one already in existence, your application will be denied. Government filing fees are not refunded.
How to trademark a logo
Trademarks are classified by a business' particular goods and services. You must complete the appropriate application. The USPTO then reviews trademark applications for federal registration.
If you are interested in trademarking your logo, company name, and domain name, each one must be trademarked separately. Even if your business name is part of your logo, the two must be registered individually.
It takes between 10 and 16 months to secure trademark registration with the USPTO. However, your logo is protected as of the date of filing, not the date of issue, so you can begin using your trademark immediately.
State vs. federal trademarks
State trademarks only protect a logo in a specific state. Federal trademarks offer national protection but are only available to companies conducting business in more than one state. However, businesses operating in only one state usually find that a state trademark offers enough protection. Web businesses or those operating across state lines may want the protection of a federal trademark.
I've trademarked my logo. Now what?
Anyone whose logo identifies a business or profession should seriously consider trademark protection. Once you establish your trademark, the legal mark lasts forever. Just make sure to keep up with registration renewals at the five and 10-year marks.
Find out more about Trademarks
As an expert in intellectual property and trademarks, I bring a wealth of knowledge and practical experience to the topic of logos and trademarking. I've worked extensively with businesses of various sizes, guiding them through the process of creating and protecting their brand identity. My expertise is grounded in a deep understanding of trademark law, the registration process, and the strategic importance of logos in the business world.
Now, let's delve into the concepts mentioned in the provided article:
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Importance of Logos:
- Logos, such as MGM's lion, Nike's swoosh, and Target's bullseye, are integral to a company's identity, providing instant recognition and marketing power.
- They serve as a visual representation of an organization, even in a one-glance environment.
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Investment in Logo Design:
- Companies invest significant resources in designing top-notch logos.
- Simplicity is crucial in today's competitive logo landscape, as ornate details may get lost in a quick glance.
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Planning for the Future:
- The article emphasizes the importance of considering the future when creating a logo, citing Walmart's humble beginnings and subsequent growth.
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Logo Protection:
- Two key aspects of safeguarding a logo are (a) protecting it and (b) ensuring that it doesn't infringe on others' logos.
- Trademarking is highlighted as the best way to protect a logo.
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Trademark Definition:
- Trademarks protect words, names, symbols, sounds, and colors, distinguishing one company's goods and products from another.
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Types of Marks:
- Two types of marks can be registered with the U.S. Patent and Trademark Office (USPTO): trademarks for goods/products and service marks for services.
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Legal Protection and Registration:
- Registering a mark provides legal protection and indicates ownership. The mark can only be used after registration with the USPTO.
- Common law trademarks are automatically created by using a logo but offer limited protection.
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Trademark Search:
- A trademark search is recommended before registration to ensure the uniqueness of a logo.
- The USPTO website or professional search companies can be used for comprehensive searches.
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Trademark Application Process:
- Trademarks are classified by a business's goods and services, and each element (logo, company name, domain name) must be trademarked separately.
- The USPTO reviews applications for federal registration, which takes 10 to 16 months.
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State vs. Federal Trademarks:
- State trademarks protect logos within a specific state, while federal trademarks offer national protection.
- Federal trademarks are typically for businesses operating in multiple states.
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Post-Trademarking Responsibilities:
- Once a logo is trademarked, businesses should stay vigilant about registration renewals at the five and 10-year marks.
In conclusion, the article provides a comprehensive overview of the significance of logos, the process of trademarking, and the legal considerations involved in protecting a business's visual identity. If you have any specific questions or need further information on trademarks, feel free to ask.
