Process to Register your Logo
Introduction
Companies and organizations often have a logo for their business. This logo is a way for people to recognize your company or brand. When you register your logo, it helps protect it from being used by others without permission. It also helps ensure that the public knows that the logo is yours, and not another person’s or business’.
Step 1: Search for conflicting marks.
You must search the USPTO’s database of registered and pending marks prior to applying for registration. There are several ways to conduct your search, including using the Trademark Electronic Search System (TESS) and other online databases. You can also contact a trademark attorney or agent to assist you with your search. If there is not a conflicting mark that has been federally registered, you can proceed with registering your logo. If there are conflicting marks that have been federally registered, it is likely that these should be resolved before proceeding with your application.
Step 2: Create a distinctive logo.
- Make sure it’s unique and original.
- Avoid copying or imitating another logo.
Your logo will be registered on a government website, so it needs to be unique—no one else can own the same logo as you!
Step 3: Identify the goods and services in connection with which you intend to use the mark.
The next step is to identify the goods and services in connection with which you intend to use the mark. You will want to make sure that your logo is associated with only those goods or services for which you are using it. The USPTO defines goods as tangible personal property, and services as intangible activities performed for others. In short: if it’s something that can be touched, it’s probably a good. If it’s something you do for someone else (or have them do) then it’s probably a service. These definitions can be complicated at times so think carefully about whether your proposed mark would be considered an acceptable logo design when applied to clothing or other merchandise (i.e., earrings or t-shirts). If possible, search through the US Patent & Trademark Office database for similar marks that have been issued recently—you may find some helpful guidance here before applying for registration of your own trademarked logo design!
Step 4: Identify the owner of the mark.
The owner of a trademark is the party that is applying for registration. If you are an individual, your name will be listed as the “applicant” or “principal.” If you are a company, partnership, or other legal entity, then your name will be listed as “assignee” or “principal.” The owner cannot be a natural person (i.e., not an individual) unless he/she has the legal capacity to act on behalf of his/her organization (e.g., an officer).
Step 5: Determine how the logo will be used (logotype? design? both?).
The next step is to determine how you will use your logo. The most common way is to use the logotype (wordmark) and design separately. In this case, when using the wordmark, you would include only the letters of your company name with a horizontal line underneath them. The design would be used in conjunction with other elements such as color or shape to create an overall feeling for your business. Another option is using both together as part of one design element (this method is called “combination mark”).
If you’re a service provider and not manufacturing a product or creating physical goods then your logo will likely be used primarily as part of a wordmark (not in combination). If this is the case then think about what words are important in describing who you are or what services/products you offer before deciding on any colors or fonts.
To file your application online, you must first create an account with the USPTO. This can be done on their website at https://www.uspto.gov/trademarks-application-process/filing-online.
Once you have an account, the next step is to fill out the trademark application form and submit it electronically. The instructions for how to do this are found online as well at https://www.uspto.gov/trademarks-application-process/filing-online. After completing this process, your application will be reviewed by an examiner in order to make sure that everything is filled out correctly and that no mistakes have been made in construction or content before being sent off for publication (which happens within 45 days). If there are any problems with your submission during review by officials at the USPTO or if there are any issues with confusing or conflicting prior trademarks which might interfere with your registration then they will contact one another before approving anything; however, most cases go smoothly without incident so long as instructions were followed closely during the creation of materials like advertisements which were submitted along with applications because they provide evidence of use. Sometimes these can still cause problems due to differences between the laws of the states so it’s best not to leave out anything important since missing information could lead directly back into legal difficulties later down the road.
Step 7: Respond to any office actions that may be issued by the USPTO during the examination.
If your application is not allowed, you will be notified and given three months to respond. If your response is not filed within this time frame, the application will be abandoned.
If any office actions are issued by the USPTO during the examination of your trademark application, you must respond according to the instructions provided in each office action letter within six months from the date of mailing or issue date on acknowledgment mailings unless otherwise extended by USPTO staff.
Step 8: Meet any final publication requirements specified in the USPTO’s letter approving registration of your mark.
In order to obtain registration of your mark, you must first meet any final publication requirements specified in the USPTO’s letter approving registration of your mark. If a final refusal is issued, respond accordingly and within the timeframes specified in the USPTO’s final refusal letter or contact a trademark attorney for assistance.
Takeaway:
Now you know how to register your company’s logo. It’s something you can do if you end up with a great logo that represents the brand well. Registering it would protect it from being used by someone else, and also make sure that any future logo design is based on the same elements as before.
However, if your budget isn’t ready for such an investment, there are other ways to protect your brand identity and prevent others from using its name or logo without permission. You could trademark the name of your business or register for copyright protection for designs that are unique to yours—but that may cost less than getting a trademark!
Conclusion
The final thing you need to remember when designing a logo is that it should be simple. The more complex your design, the harder it will be to use in different contexts and still have the same impact. If you’re using a logo for print, for example, make sure that its elements can be easily scaled down or enlarged without losing quality.
