Can you Trademark a Name and Logo at the Same Time?

Introduction

You can file for a trademark on your name and logo at the same time, but it’s important to know exactly how this will work. You can do it either way—separately or together—but each option has its own set of pros and cons.

There are some Risks

You can file a trademark application for both your logo and name at the same time, but it is risky.

  • You can only file them together if they are to be combined in one image, such as on a sign or product packaging. If they are going to be separate images (like on a letterhead and business card), then you need to file one application for each image separately.
  • The PTO will review all aspects of your brand identity at once, which means that if any part has problems with its registration, you won’t know which part was rejected because they were reviewed together. This may mean that some elements could get approved while others don’t meet requirements.

How to File for a Trademark on your Name and Logo at the Same Time

You can file for a trademark on your name and logo at the same time, or you can file for them separately. You could also combine the two applications into one combined application. The main difference between these options is that if you only file for one of them (name or logo), it will be registered in much faster than if you filed both at once.

Make a Trademark Application

If you want to trademark both the name and logo of your business at the same time, make a trademark application for both the lo and name.

If you make a filing for your name and logo separately, then there will be two separate government fees involved: one for the trademark application and another for each mark that’s included. You can determine if one or both applications have been approved by checking whether they are “published” on the USPTO website (you may need to be logged into your account).

Pay a Separate Filing Fee

If you’re filing more than one application with the USPTO, you pay a separate filing fee for each. For example, if you are filing both an intent-to-use (ITU) trademark application and an actual use (AU) trademark application at the same time, your filing fee will be $325. If you also want to amend one or both of those applications after they have been filed, that will cost another $275.

If it turns out that your mark is not registrable because it falls into one of the prohibited categories listed above or for some other reason, the PTO will issue an office action telling you what needs to be changed before they can register your mark. In this case, it’s another $300 per application if you want them to reconsider whether or not they should allow registration based on changes made in response to their ruling and how long ago any issues were resolved, otherwise known as “extension requests” which are valid only once every six months starting from when it first expires until June 30th (or later if needed).

Takeaway

If you decide to go ahead with this option, be aware that if your application is rejected then you will only be able to file a response once. If the USPTO still refuses to register the mark, then they’ll send a final office action giving an explanation for why it was rejected and what needs fixing. At this point, if you want to keep trying, you will have to start over with a new filing fee (and possibly other costs).

If you decide that there are too many problems with your application and decide not to fix them all at once, then it’s best for someone who knows what they’re doing (either an attorney or agent) to make those changes before resubmitting. Otherwise it could lead us back down the same road with another rejection letter from the USPTO due again because of issues with spelling or grammar in the trademark application itself rather than any actual problems with its content.

Conclusion

If you decide to file for both the name and logo at once, it is important to make sure that both components of your trademark application are very strong.

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