How to Trademark a Name and Logo
This is the second part of our How to Trademark series. Other pages in the series can be found at how to trademark a phrase , how to trademark a slogan and how much does it cost to trademark a name. For copyrights and patents, please see how to copyright and how to patent.
Trademarking a name and logo is nearly identical to the process of how to trademark a name. The primary difference is that the applicant must submit a deposit specimen showing the logo during the application process. While filing a trademark application for a logo enhances protection‚ for most businesses the most important protection comes from filing for only the words comprising the trademark (i.e. without any design element). This is because consumers generally remember words not symbols‚ and because changes in the design over time may require filing a new application. As such we recommend filing a word only trademark first, and then if you have a very important design element or logo then filing for that as a 2nd application.
As with word only trademarks‚ a logo must be distinctive in order to achieve protection as a trademark. A logo can either be inherently distinctive or it can acquire distinctiveness through repeated use in commerce. Generic logos‚ however‚ are never eligible for trademark protection. If a logo is considered descriptive‚ it can achieve trademark protection only if the trademark has acquired secondary meaning. For example‚ an image of a bar of soap placed on the packaging of a bar of soap could be considered generic or descriptive. Therefore‚ the best logos and those most likely to receive protection are original and unique. Utilizing an original design increases the likelihood of distinctiveness and decreases the probability that the logo is already in use.
As with all trademarks‚ logos can only become officially registered once they are used in conjunction with products or services in commerce. A business may reserve the trademark by filing an intent to use application. For more information see our trademark registration page.
How Much Does it Cost to Trademark a Logo?
The government filing fee to trademark a logo is $225 per class of goods or services. If you would like Mandour & Associates to file the application for you, our professional flat fee is $575 which includes our time for basic follow up through registration.
For further information about how to file a trademark application for a name and logo, please contact us.