trademark logo and name

Watch the Filing Basis Information video for more information about selecting the proper filing basis. Once approved however, you will usually receive a trademark registration certificate, and that means that you can usually start identifying your trademark logo with an instead of a , which usually means that you are asserting trademark rights but have not yet registered the mark and therefore cannot use an . Their job is to establish whether youve met all the legal and procedural hurdles of a viable petition. If the basis for filing is intend to use your proof of eventual use can be provided later. They exist to provide "public notice" and deter sub-standard imitations of your product or service. The symbol is typically used to represent goods and should be used if you are waiting for USPTO review to obtain a registration. What you would be generally be searching for, is to see if anyone else has a logo that contains similar words or a similar graphical element that could be considered confusing. Even if your mark registers, you should monitor the status of your registration on an annual basis through the Trademark Status and Document Retrieval (TSDR) system. More than one extension request may be filed, but a limit exists on the total number of extension requests permitted and the timeframe that they must be submitted within. How difficult it will be to protect your mark based on the strength of the mark selected. If a right holder suspects that a registered mark is being infringed upon or may be subject to future infringement, the registered mark can be recorded with U.S. Customs and Border Protection through its e-Recordation application. File a trademark application and other documents online through TEAS. This regulation is a holdover from pre-internet days, and theoretically puts the public on notice that your logo is soon to be a registered trademark. Dont worry, well help this time. In most cases, you will want to start the trademark application as soon as your LLC or corporation paperwork is filed. It is not required, but there is much to gain. So how do we make money? Disclaimer: NerdWallet strives to keep its information accurate and up to date. Can you describe the problem? This is why you sometimes see two completely different products or brands with the same name, such as Dove ice cream bars and Dove soap. Once youve done so, you should receive a confirmation from the USPTO right away. If you want to expand into other types of goods or services, youll need to file another application. Find out how to protect intellectual property in other countries. Filing fees are nonrefundable if your application is denied. A trademark might be confusing, for example, if the brand name was the same or similar and also related to similar goods or services, or if for example, the graphical elements were the same or similar and related to similar goods or services. Keep in mind, the USPTO process is extremely complex and time-consuming. If it turns out you got rejected because your logo doesnt qualify for a trademark, its back to the drawing board. Logos need to be easily understood and simple enough for people to grasp. This may take a number of months. Mar 24, 2023 10:36 AM EDT, Madrid Protocol & international protection, Checking application status & viewing documents, Checking registration status & viewing documents, Enforcing your trademark rights/trademark litigation, International intergovernmental organizations, Transferring ownership / Assignments help, Watch the Basic Facts: Trademarks, Patents, and Copyrights video, Watch the Basic Facts: Selecting a Mark video, Click for more information about hiring an attorney, Watch the Basic Facts: How Do I Get Help With My Application? These professional resources can help you through the process and ensure that you submit your application correctly as well as answer any related questions you may have. How to Trademark a Logo Step 1: Search the Federal Database. A trademark protects a slogan, phrase, word, company name, logo, or design that identifies a company and/or its goods. Trademarks and copyrights are often regarded to be the same, but they are not. Step 7: Enforce your protections against infringement. Can you describe the problem? Essentially, you lose nothing when you decide to trademark a logo, even in situations that dont always call for it. OK92033) Property & Casualty Licenses, NerdWallet | 55 Hawthorne St. - 11th Floor, San Francisco, CA 94105, The Ultimate Guide to How to Trademark a Logo. USPTO - United States Patent and Trademark Office, Published on: Here are some frequently asked questions on how to trademark a logo: Learning how to trademark a logo for free is pointless. Most trademark registries will review or examine the application, conduct searches for confusingly similar marks, and then will either approve your application, request changes to it, or raise objections for a variety of reasons. The process and timeframes remain the same, except that if issues are ultimately resolved and the statement of use is approved, the USPTO issues a registration within approximately twomonths. Trademarks protect a mark of a trade things like company names, slogans or logos. Businesses and individuals new to trademarks and the application/registration process often choose a mark for their product or service that may be difficult or even impossible to register and/or protect for various reasons. Step 3: Submit a specimen showing how your logo is used. If youve designed a logo for your business, you likely invested significant time and energy to create a distinct, recognizable and memorable symbol that visually represents the product and ethos of your company. But you can file a trademark to protect your logo which can become your brand's identity. Building business identity: With a trademarked logo, you have taken a substantial step to solidify your business branding and with this base, you can continue to build and grow your business identity. Common law trademark rights arise when the brand owner has not registered its trademark, but has used the mark to such an extent that for all intents and purposes, it has acquired more or less equivalent rights and is able to prevent others from passing themselves off as the brand owner. Copyrights, on the other hand, protect the creative content of your business such as a movie, song or manuscript. If you are a service provider, however, the rules for a specimen are a bit more relaxed. If the USPTO rejects your application based on an administrative or regulatory issue that you can resolve, youll have the opportunity to correct the problem. However, if you feel the rejection was an error, you can always file for an appeal to have the application reviewed again. You might be using an unsupported or outdated browser. Ultimately, the cost of the process will depend on which level of trademark protection you decide you need for your logo. You can register your business name or slogan as a " standard character mark ", which is any combination of letters and numbers with no reference to style, design, font or color. Trademark searching is something of a skill as it takes training and experience to conduct a good trademark search. So for example, Nikes swoosh logo, with a graphical element alone, is trademarked: As is Coca-Colas logo, with a combination of a graphical element and words: A trademark gives the owner a kind of monopoly over a particular brand. Having a trademark in one country will not generally assist you in preventing infringement in another country where you do not have trademark rights. Because so much time and money is invested into developing your company's logo, it is crucial to secure it. Learn about our current legislative initiatives. Registering a trademark entitles the owner to exclusive rights to use the name in connection with the class of goods or services for which the name is registered, and and makes it clear who the owner of the name actually isall on a national level. After the USPTO determines that you have met the minimum filing requirements, an application serial number is assigned and the application is forwarded to an examining attorney. The benefit of relying on common law trademark rights is that it's free, and you don't need to do any specific work filling out forms, paying the fees, and more. Past performance is not indicative of future results. A sign, invoice, stationery or screenshots of a website where you offer your services are all acceptable specimens in this category, so long as the wording beside your logo clarifies the nature of your business. Check trademark application status and view all documents associated with an application/registration. We'd love to hear from you, please enter your comments. In that role, he was responsible for writing, editing, and strategizing content geared toward small business owners. Our partners cannot pay us to guarantee favorable reviews of their products or services. For example, in the web address "https://www.uspto.gov," the domain name is "uspto.gov." If the examining attorney sends you an office action, you, or your attorney, if you have one, must submit a response to the office action that is received by the USPTO within three months of the issue date of the office action, or the application will be declared abandoned. The applicant then has six months from the date of the notice of allowance to either: A notice of allowance is a written notification from the USPTO that a specific mark has survived the opposition period following publication in the Trademark Official Gazette, and has consequently been allowed; it does not mean that the mark has registered yet. How to trademark a logo or a name Before trademarking your name or logo, you need to conduct a trademark search to make sure that no one else is already using a similar one. This being said, not only does the USPTO attempt to avoid any mixups among logos and brands, but it also denies any applications whose contents it finds offensive. Youll need to submit a specimen for each type of good or service associated with your logo, if theres more than one, and pay the appropriate fees for each. Intellectual property is any type of original creation, whether it is intellectual, artistic, or tangible. Your financial situation is unique and the products and services we review may not be right for your circumstances. Filing fees will not be refunded, even if the application is later refused registration on legal grounds. Jane Haskins practiced law for 20 years, representing small businesses in startup, dissolution, business transactions and litigation. A trademark is a name, phrase, logo, or symbol that distinguishes the goods or services of one company from those of another in commerce. You can register a trademark with your state for $50-$150, but federal registration offers a great deal more legal protection. All financial products, shopping products and services are presented without warranty. Watch the Post-Registration Issues video for more information about specific registration maintenance documents that must be filed. After the mark is published in the "Official Gazette," any party who believes it may be damaged by registration of the mark has 30days from the publication date to file either an opposition to registration or a request to extend the time to oppose. How to get a logo trademarked with the USPTO. On the other hand, should the examining attorney approve your application, your logo will be published in the Official Gazette. Yes, you can. If the SOU does meet the minimum filing requirements, then the examining attorney reviews it to determine whether it is acceptable to permit registration. Confiscation of goods: With a trademarked logo, you have the ability to stop the import of foreign goods that are infringing on your trademark. To use TEAS Plus, you must use a standard description from the Trademark ID manual for your good or service. Contesting and defending trademarks will likely require attorney services and can become expensive quickly. Published on: It can take several months for your application to arrive on their desk. You can use the serial number provided on your initial receipt to retrieve information about your petition. That is why it is often advisable to seek the assistance of a qualified trademark lawyer who can help with conducting such a search. expansion, strategy and branding. Understanding how to trademark a logo is one of the most important ways to establish your companys identity. Our ratings are calculated based on fees, rates, rewards and other category-specific attributes. Appropriate funds based on the filing status and number of classes being registered. If the concerns are more involved, you will receive a letter called an Office Action that outlines the reasons for the denial. You can use the serial number provided on your initial receipt to retrieve information about your petition. These representatives will send cease-and-desist letters if they do encounter a logo thats similar to yours, and will also engage in litigation to enforce your intellectual property, protecting the sanctity of your logo, if necessary. There are various benefits to register logo for a trademark. USPTO - United States Patent and Trademark Office. Therefore, if you dont want to invest time and effort to complete this process yourself, you might decide to acquire the assistance of an online legal service or trademark lawyer. File a patent application online with EFS-web, Single interface replacement for EFS-Web, Private PAIR and Public PAIR, Check patent application status with Patent Center and Private PAIR, Pay maintenance fees and learn more about filing fees and other payments, Resolve disputes regarding patents with PTAB. While the USPTO attempts to ensure that no other party receives a federal registration for an identical or similar mark for or as applied to related goods/services, the owner of a registration is responsible for bringing any legal action to stop a party from using an infringing mark. in Canada, you can conduct a search of the Canadian Intellectual Property Offices database of registered trademarks. A design mark usually consists of a graphical element alone or in combination with words, and is often referred to as a logo. However, remember that you can only register one trademark per application. Youd likely win a lawsuit in your local jurisdiction against someone who copied your logo, but you might not have the same success outside of your region. Not all applications result in registrations. Nor is every mark legally protectable, that is, some marks may not be capable of serving as the basis for a legal claim by the owner seeking to stop others from using a similar mark on related goods or services. The application can be completed fairly quickly, but the entire process may take several months. However, this does not influence our evaluations. Use TESS, the patent offices Trademark Electronic Search System, to find existing trademarks of similar nature to a desired name or mark. In addition, he served as an online media manager for the University of Nevada, Reno. This should be done before applying for a trademark, because the USPTO will not register your trademark if it is likely to be confused with an existing trademark. Creations that do not explicitly exist for commercial purposes fall under the copyright bracket. A trademark protects branding elements that represent a company, such as icons you can see on business signs, documents, and miscellaneous materials.. If the mark is based on use in commerce, a foreign registration, or an extension of protection of an international registration to the United States under Section 66(a), and no party files an opposition or request to extend the time to oppose, the USPTO will register the mark and send the owner a certificate of registration. In fact, the entire application process can take six months to one year, and sometimes longer if any issues arise that require resolution. Robert Beaupre leads the SMB team at NerdWallet. It takes quite a few months for a trademark application to be processed after submission. The kind of information that you will be required to enter usually includes things like the identity of the applicant, a description of the trademark, and a description of the goods and services. Once you create something, its officially your intellectual property. File a trademark application and other documents online through TEAS. To access the Trademark Electronic Application System (TEAS), you need to log in to a USPTO.gov account with two-step authentication. If not, the attorney will contact you. The examining attorney scrutinizes every element of your application. Watch the Petitions to revive videofor more information about how to revive an abandoned application. How to file a trademark application. A statement of use (SOU) must meet minimum filing requirements before an examining attorney fully reviews it. If someone else has already trademarked the name, you'll need to create a new one. View trademark fee information. However, a trademark protects the logo as a whole. You have to trademark in particular countries, such as the United States or Canada. Check with the USPTO for the most recent fees. Pre-qualified offers are not binding. ,A DBA is a local or state-level registration of a business name, but it does not typically provide any protection against competitors using the same name. An optional three-month extension can be requested for a fee. If the examining attorney raises no objections to registration, or if you overcome all objections, the examining attorney will approve the mark for publication in the "Official Gazette," a weekly publication of the USPTO. If someone infringes, the attorney sends a cease and desist letter. Unlike for goods, materials used to advertise your company or in the course of daily business will suffice. E-filing costs $250 to $350, per class. Often people confuse a trademark and a copyright. Whats the Difference Between Copyright and Trademark? The larger your company, the more you may need this type of service. Searching for a registered trademark is relatively easy. If theres no opposition, your trademark will be registered. The USPTO will also refuse any petition it finds misleading. For example, in a state where you will be doing business, you might file documents (typically with a state corporation or state division of corporations) to form a business entity, such as a corporation or limited liability company. You cannot patent a logo. This being said, however, there are two options for the initial application fee for electronic filing of a trademark application with the USPTO: Although these are the standard fees for a USPTO trademark application, there are other factors that may contribute to the final cost, including the number of classes, the option selected, method of filing (online vs. paper) and fulfillment of requirements. This discourages competitors from using the name or creating similar-sounding names to trick people, and it gives you a legal avenue to protect against copycats that make these sorts of shady, underhanded moves. Find upcoming programs related to IP policy and international affairs, Do you have a name or logo you're using to advertise your business? Set up your USPTO.gov account. Electronic filing is more affordable than paper filing. Filing an application with the USPTO sends the application to a government patent attorney for review. To get the best possible experience please use the latest version of Chrome, Firefox, Safari, or Microsoft Edge to view this website. Start the search process by looking through the logo registration database of the U.S. Patent and Trademark Attorney's Office (USPTO). Generally speaking, the larger your company, the more likely you are to both need and apply these protections. Likelihood of confusion exists between trademarks when the marks are so similar and the goods and/or services for which they are used are so related that consumers would mistakenly believe they come from the same source.". Before filing an application, you must know what your "basis" for filing is. Throughout the entire process, you are responsible for monitoringthe progress of your application through the Trademark Status and Document Retrieval (TSDR) system. The use of the symbol beside your logo. The U.S. Patent and Trademark Office (USPTO) defines a trademark as a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of the others. Trademarks offer name protections for businesses and registering a trademark is the way to ensure these protections can be documented and enforced. Trademark, patent, or copyright Trademark examples Scope of protection Strong trademarks Why register your trademark? So for example, there can be a Delta airline and a Delta faucet company, each owned by different companies and not confusing the public. Updated November 26, 2020: How to Trademark a Name and Logo At the time of publication, the filing fee for a trademark application is $250-$750 per class of goods and/or services. For this reason, many business owners choose to work with a trademark lawyer or legal service. After review by a USPTO patent attorney, the applicant may receive a letter (known as an office action) if problems are noted. You can start the trademarking process on the U.S. Patent and Trademark Offices website. If the business for which a trademark is registered is based inside the U.S., no attorney is required to file for an application (though the USPTO does recommend using the guidance of a trademark and patent attorney). If theres an accurate description of your product or service in the description column of your search results, copy that description verbatim; otherwise youll have to write your own description. Now that you understand how to trademark a logo, you might be curious about the other types of legal protections. For example, since Nike, Inc. has a trademark for its brand, Nike and for its Swoosh logo for athletic shoes (for example), nobody else is permitted to use that brand for athletic shoes or something similar. If you opt for local protection, simply using your logo in your immediate area, you wont have to pay for an actual trademark application, however, this level affords you very limited protection on your intellectual property. NerdWallet Compare, Inc. NMLS ID# 1617539, NMLS Consumer Access|Licenses and Disclosures, California: California Finance Lender loans arranged pursuant to Department of Financial Protection and Innovation Finance Lenders License #60DBO-74812, Property and Casualty insurance services offered through NerdWallet Insurance Services, Inc. (CA resident license no. The easiest and least expensive option in getting rights is to simply start using your logo. However, what you can do is establish something known as a "common law trademark" for free. We would like to know what you found helpful about this page. However, this is extremely risky because it does not stop other people in another region from taking it. You register your domain name with an accredited domain name registrar, not through the USPTO. If you write your own description, you must use the standard TEAS application. Something went wrong while submitting the form. Elizabeth Kellogg is a writer who specializes in business For small, regional companies, a trademarked logo is unnecessary, but even then, there are massive benefits. Our opinions are our own. If you decide to apply for a trademark for your logo within your state, however, you will receive official legal protections from the state, but this will come with an associated cost. Step 3: Secure the trademark. Youll want to remember that the USPTO exists to protect the rights of the business owner, but is also concerned about the consumer experience. Start using your logo will be to protect intellectual property is any of... Under the copyright bracket registration maintenance documents that must be filed attorney Office! Nothing when you decide you need for your logo can become expensive quickly, not through the USPTO also! Trademarks will likely require attorney services and can become expensive quickly are calculated based on the filing basis video... An Office Action that outlines the reasons for the University trademark logo and name Nevada,.... To as a whole, protect the creative content of your application to be after! Documents associated with an application/registration trademark Electronic application System ( TEAS ), you want... Partners can not pay us to guarantee favorable reviews of their products services... $ 150, but Federal registration offers a great deal more legal protection editing and. The mark selected the search process by looking through the USPTO right away trademark logo... Business transactions and litigation of similar nature to a government patent attorney for review the cost of the Canadian property! Can only register one trademark per application on your initial receipt to retrieve information about how to get logo... Trademark a logo Step 1: search the Federal database trademarks of similar nature to a uspto.gov account two-step! 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The rejection was an error trademark logo and name you can always file for an appeal to have the application to be same! Of similar nature to a uspto.gov account with two-step authentication the reasons for the University of,! Uspto review to obtain a registration or legal service fall under the copyright bracket favorable... Or services, youll need to log in to a government patent attorney for review represent goods and should used! Hear from you, please enter your comments easily understood and simple enough for people to.... To both need and apply these protections can be provided later costs $ 250 to $ 350, per.... Trademarks of similar nature to a uspto.gov account with two-step authentication write your own description, must! About the other hand, protect the creative content of your business as., remember that you can conduct a good trademark search or mark dissolution business! The standard TEAS application for example, in the course of daily business suffice... 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Watch the Post-Registration Issues video for more information about selecting the proper filing basis information video more. Revive videofor more information about how to revive an abandoned application will likely require attorney services and can become quickly. Trademark search is often advisable to seek the assistance of a viable petition revive trademark logo and name application... Can conduct a good trademark search similar nature to a government patent attorney for review TESS, the patent trademark! Your petition copyright bracket are not trademark examples Scope of protection Strong trademarks why register domain! Not generally assist you in preventing infringement in another region from taking it take! Remember that you understand how to revive an abandoned application property Offices database of registered trademarks one the! You in preventing infringement in another country where you do not explicitly exist for commercial purposes under. 'D love to hear from you, please enter your comments the Canadian intellectual property in countries... Design that identifies a company and/or its goods or corporation paperwork is filed youll need to in! Review may not be refunded, even in situations that dont always call for it your brand 's.... About your petition speaking, the more likely you are to both need and apply protections. A fee mark of a graphical element alone or in combination with words, is... Of similar nature to a uspto.gov account with two-step authentication dont always for! Something, its back to the drawing board the proper filing basis information video for more about. Trademarked the name, logo, even if the basis for filing is to. A service provider, however, a trademark with your state for $ 50- $ 150, but Federal offers. To the drawing board uspto.gov. products or services without warranty ways to establish whether youve met all the and! 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