Trademarking your logo is a crucial step in protecting your brand’s identity and securing your business’s future. By trademarking a logo, you secure your intellectual property rights and legal rights, helping to prevent unauthorized use and strengthen your brand’s position in the marketplace.
Every year, U.S. companies lose millions due to trademark infringement, and the consequences can range from lost revenue and customer confusion to costly rebranding.
This guide walks through every stage of trademarking a logo, from the initial clearance search to ongoing maintenance and enforcement, with actionable insights for business owners looking to safeguard their commercial assets.
We’ll also cover how to register your logo with the USPTO (United States Patent and Trademark Office), as that not only grants nationwide protection but also establishes your trademarked logo as a legally recognized asset.
With a rise in infringement, this strategic move is more important than ever. The process may appear complicated, but with this guide, you can start protecting your brand’s unique identity and enjoy exclusive rights nationwide.
- What Is Trademarking a Logo?
- Logo Trademark vs. Copyright
- Common Law vs. Federal Trademark Rights
- Eligibility Requirements
- Complete Step-by-Step Process
- 2025 Costs & Timeline
- Common Mistakes & Tips
What Is Trademarking a Logo?
Did you know that in 2020 alone, nearly 12,000 trademark infringement lawsuits were filed in the United States? The cost to brands isn’t just monetary; 38% reported revenue loss, 45% suffered customer confusion, and 46% had to rebrand after infringement. Defending your business against such threats is not only prudent but also mandatory.
Trademarking your logo with the U.S. Patent and Trademark Office (USPTO), the federal agency responsible for trademark and patent registration, gives you powerful, nationwide protection against competitors and counterfeiters under federal law.
Registering your trademark at the federal level offers broader legal protection than state-level or common law rights, making it a major advantage for your business.
Understanding Logo Trademarks
Logo trademarks protect the visual symbols or graphic representations businesses use to identify a unique product or service and distinguish their goods or services.
A trademark identifies and distinguishes your brand’s goods from those of others, helping customers recognize your business in the marketplace. Unlike copyrights, which automatically shield original artistic works, trademarks defend your brand identity from competitors misusing similar designs.
Logo Trademark vs. Copyright
A logo can be protected by both trademark and copyright, but the safeguards differ. A trademark can protect a logo, word, or symbol used to identify and distinguish your brand. Copyright automatically covers original creative works such as artistic drawings or designs, but it does not prevent others from using similar branding in commerce.
Trademark registration, meanwhile, bars others from using logos, words, or symbols that could confuse customers or dilute your brand.
Copyright defends your artistic expression; trademark ensures brand identity and exclusive commercial use.
Types of Logo Marks
Logo trademarks come in different forms:
- Wordmarks: Protect the words or letters in a logo, regardless of style, including business names or slogans (e.g., “Coca-Cola” in script).
- Pictorial marks: Shield symbols, icons, or shapes (e.g., Apple’s apple).
- Combination marks: Combine text and graphics (e.g., Nike’s swoosh with the brand name).
A standard character mark protects the textual elements of a logo, such as a single letter or a business name, in any font or style. This type of protection covers the words themselves, not the specific design or stylization.
Combination marks often provide the broadest protection because they incorporate both design and wording.
Common Law vs. Federal Trademark Rights
Common law rights arise when you use your logo in commerce, even without registration. However, these protections are limited to your geographic business region and can be difficult to enforce.
Federal registration with the USPTO grants nationwide rights, puts competitors on public notice, and creates a legal presumption of ownership. Only with federal registration can you use the ® symbol and enjoy more robust enforcement and remedies.
Federal registration also allows trademark owners to take legal action against infringers, such as sending cease and desist letters or pursuing lawsuits to protect their brand. The registration date establishes the priority of your rights and is important for both enforcement and renewals, as it marks the beginning of the initial 10-year term and sets deadlines for required filings.
Benefits of Federal Registration
- Nationwide exclusive rights, regardless of company size.
- Ability to block conflicting marks and counterfeit imports.
- Legal presumption of ownership and validity in court.
- Recording with U.S. Customs to prohibit infringing imports.
- Public listing in the USPTO database deters potential infringers.
- Federal registration provides trademark protection and can serve as a basis for registering your mark in multiple countries through international treaties like the Madrid Protocol.
Eligibility Requirements
Not every logo qualifies for trademark registration. The USPTO has clear standards to determine if a logo is suitable. Applicants must also clearly identify the elements of their logo, such as words, images, and design features, to meet USPTO requirements.
Distinctiveness Requirements
Distinctiveness is the linchpin of trademark eligibility. The USPTO will not register logos that are overly generic or simply descriptive of goods/services. Your logo must be unique enough to set your business apart.
- Fanciful or arbitrary logos (invented symbols, unrelated to the business) get the highest protection.
- Suggestive logos (hinting at a product’s quality without describing it outright) also qualify.
- Descriptive and generic logos are usually refused unless they acquire a strong secondary meaning. For example, a logo consisting of a single letter is typically considered too generic for registration.
What Makes a Logo Trademarkable
To pass USPTO scrutiny, your logo must:
- Be distinctive and memorable.
- Not be generic or descriptive without a proven secondary meaning.
- Avoid conflicts with existing trademarks or similar pending applications.
- Do not use prohibited symbols, flags, or misleading graphics.
If your logo features unique fonts, colors, or design elements, you may want to register it as a special form mark. This protects the specific visual appearance of your logo by requiring you to submit an image that exactly matches the mark you want to protect.
Logos in strong, original colors or formats are easier to protect. Avoid common icons like globes or shields, which tend to attract conflicts.
Likelihood of Confusion Standards
USPTO examiners check if your logo could confuse consumers by its resemblance to existing registered marks, especially in the same category of goods/services. They consider sight, sound, and meaning. The USPTO will also compare your logo to similar logos already in the database to determine if there is a likelihood of confusion.
It’s very important to search for any similar logos before filing to avoid conflicts and possible rejection. Overly similar designs, even with minor tweaks, can be denied.
Complete Step-by-Step Process
Understanding the filing process and preparing strong trademark applications is imperative for a successful registration. Trademarking your logo is a multi-stage process. Here’s how to navigate each stage effectively:
Step 1: Trademark Clearance Search
Before filing, conduct a thorough search to ensure your logo isn’t similar to another registered mark. USPTO’s Trademark Electronic Search System (TESS) lets you scan their database for direct and indirect conflicts.
- Search for graphic and textual components.
- Check state and international databases if applicable.
- Document all search results for records.
Step 2: Logo Design Finalization
Lock in your final logo design before filing. Minor changes post-filing require new applications and fees.
- Confirm colors, wording, and layout.
- Generate high-resolution files (JPG, PNG, SVG).
- Avoid using unauthorized fonts or third-party graphics.
You must submit a digital image of your finalized logo as part of the application, and the file you submit should match the mark you intend to register.
Step 3: Application Preparation
Gather the required information:
- Ownership details: Individual or company?
- State of incorporation.
- Mailing address and contact info.
- Logo file: Clear image showing the logo precisely as used.
- List of goods/services using the logo.
- Filing basis: Actual use (in commerce) or intent-to-use.
- Complete the appropriate application form for your trademark type.
- Packaging that displays your logo can be submitted as evidence of use in commerce.
Step 4: USPTO Filing via Trademark Center
As of January 18, 2025, the USPTO’s new Trademark Center replaces TEAS for all online trademark filings. The improved system centralizes drafts, communications, and payments, making it simpler to manage your application from start to finish.
- Create an account on the Trademark Center, which is an online system that guides you step-by-step through the trademark application process.
- Upload logo file and describe goods/services.
- Pay the fee per class (goods/services category).
- Track application progress with the built-in docket feature.
Step 5: Examination Process
USPTO attorneys review every application for:
- Eligibility (distinctiveness, no conflicts).
- Proper documentation and fees.
- Likelihood of confusion.
If there are issues, the USPTO issues an Office Action. You must respond promptly with further explanations or amendments. This back-and-forth can extend the timeline, so respond thoroughly and on time.
Your logo must be approved by the USPTO before it can be officially registered and protected as a trademark.
Step 6: Publication and Opposition
If the USPTO finds no problems, your logo is published in the Official Gazette. Third parties have 30 days to file objections if they believe your mark conflicts with theirs. During this opposition process, you may receive a desist letter, which is a formal request to stop using the mark and can often resolve trademark disputes without litigation.
- Track the Gazette for notices.
- Address any oppositions by negotiating, defending, amending as advised, or responding to a desist letter if you receive one.
Step 7: Registration Certificate
If there is no opposition (or you prevail), you will receive an official Registration Certificate. Now your logo is a federally registered trademark, and you may use the ® symbol.
- Save your certificate and mark important renewal deadlines.
- Update digital assets and branding materials to reflect the ® status.
2025 Costs & Timeline
Trademarking a logo is a strategic investment that protects your brand identity and helps you avoid the hidden and skyrocketing costs of trademark litigation and infringement. In 2025, changes from the USPTO have streamlined the fee structure, raised some filing costs, and added new surcharges for incomplete or custom applications. Careful planning now ensures your trademark portfolio is protected, your budget is prepared, and you avoid unwelcome surprises.
USPTO Fees Explained
The USPTO has transitioned to a single base application fee of $350 per class of goods or services, replacing the prior TEAS Plus/Standard tiers. Each product or service category you seek protection for incurs a separate fee, which amplifies costs for diverse businesses. This fee covers the examination and registration of most marks, but additional charges may apply for:
- Incomplete Applications: $100 surcharge per class if required information is missing or insufficient.
- Custom Descriptions: $200 surcharge per class for using a free-form description of goods/services instead of pre-approved language in the Trademark ID Manual.
- Excessively Long Identifications: $200 per class for each additional 1,000 characters in descriptions.
Other important USPTO fees in 2025:
- Amendment to Allege Use (AAU) or Statement of Use (SOU): $150 per class for intent-to-use applications.
- Section 8 Declaration (+5–6 years): $325 per class.
- Section 9 Renewal (every 10 years): $325 per class.
- Section 15 Declaration (incontestability): $250 per class.
- Petition to Revive Abandoned Application: $250.
- Letter of Protest: $150.
Proactively working with an attorney or experienced service can help minimize unwanted surcharges by ensuring your filings are complete and accurately worded.
Additional Costs
- Attorney Fees: $700–$2,000 for full-service, strategic legal support. Attorneys can help you avoid application pitfalls, respond to refusals, and stay compliant with new rules.
- Professional Logo Search Assistance: $200–$900 for comprehensive clearance searches to prevent costly refusals and rebranding.
- Monitoring and Enforcement Services: $100–$500 annually for marketplace monitoring, infringement alerts, and enforcement support.
Please note these costs vary by complexity, urgency, and professional expertise. Also, these fees may vary per year.
Cost Breakdown Table
| Item | 2025 Cost |
| USPTO Application Fee | $350/class |
| Incomplete Application Surcharge | $100/class |
| Custom Description Surcharge | $200/class |
| Attorney Fees (optional) | $700–$2,000 |
| Logo Search Assistance | $200–$900 |
| Monitoring Services | $100–$500/year |
| Section 8 Declaration | $325/class |
| Section 9 Renewal | $325/class |
| Section 15 Declaration | $250/class |
| Statement/Amendment of Use | $150/class |
| Letter of Protest | $150 |
| Petition to Revive | $250 |
For the latest updates, see USPTO’s website.
After Registration
Registering your logo is only the start; active stewardship is required to keep your rights strong.
Maintenance Requirements
- First Renewal: Section 8 Declaration between the 5th and 6th year, proving continued use.
- Subsequent Renewals: Section 9 required every 10 years per class. Missing deadlines or failing to submit proof of use can void your registration.
Renewal Timeline
- Section 8 Declaration (Years 5–6): $325/class
- Section 9 Renewal (every 10 years): $325/class
- Section 15 Declaration (incontestability status): $250/class
Set calendar reminders and store copies of certificates and filings in secure digital locations for compliance!
Monitoring and Enforcement
After federal registration, your responsibility turns to policing your mark in the marketplace:
- Monitor rivals, retailers, and online platforms for unauthorized use
- Send cease-and-desist letters at the first sign of infringement
- Work with legal counsel to negotiate or litigate damages if needed
- Use the ® symbol only once registered; ™ for pending or unregistered marks
The latest 2025 fee updates add greater transparency and more options for cost management, but also more risk of surcharges for incomplete or careless filings. Using professional help, keeping filings accurate and concise, and staying vigilant about deadlines helps you maximize protection and minimize costs.
Common Mistakes and Tips
Even experienced business owners can run into issues when trademarking a logo. Avoiding these pitfalls early can save time, money, and frustration. Here’s a detailed look at frequent errors and practical tips to keep your application on track:
- Incorrect owner information: One of the most critical errors is incorrectly identifying the trademark owner. The application must specify the correct legal name and entity type (individual, LLC, corporation, partnership, etc.). Misstating ownership, for example, listing yourself as the sole owner when the mark is co-owned, results in outright rejection with no fix other than starting a new application.
- Wrong or vague goods/services description: You must precisely list the goods or services associated with the logo. For example, if you sell wine with your logo on the label, your goods are “wine,” not “labels.” Broad or vague descriptions can lead to refusals or truncated protection scopes. Narrowing goods later is allowed; broadening is not.
- Likelihood of confusion: Trademarks similar to existing registered or pending marks in related categories risk refusal due to consumer confusion. The USPTO examines visual, phonetic, and conceptual similarities. Conducting a comprehensive clearance search beforehand is essential.
- Specimen issues: The specimen must demonstrate real-world commercial use of the trademark on goods or services. Common missteps include submitting digitally altered images, stock photos with overlaid logos, or mere advertising material unrelated to actual use. Invalid specimens cause application rejection.
- Low-resolution or incorrect file formats: Submitting low-quality or improperly formatted logo images delays the process. The USPTO requires clear, reproducible files in accepted formats like JPG, PNG, or SVG.
Conclusion
Trademarking your logo is a meaningful investment in your business’s future. With 85% brands experiencing infringement annually, proactive protection is more important than ever.
The process, from clearance search to renewal, may seem daunting, but mastering these steps secures your brand’s identity, reputation, and revenue. Use the resources above, consult professionals when needed, and make your mark with confidence.
Ready to take the next step? Explore FreeLogoServices’ logo tools, design your unique brand logo, and get ready to trademark it!
FREQUENTLY ASKED QUESTIONS
How do I trademark a logo in the United States?
Register your logo with the USPTO by preparing the required documentation, conducting a clearance search, and submitting your application via the Trademark Center. Trademark law governs the registration process, and any person or company can apply for trademark protection.
How long does it take to trademark a logo?
The process usually takes 6–18 months, depending on USPTO review speed and complications such as oppositions or Office Actions.
How much does it cost to trademark a logo?
$350 per class of goods/services for federal filing, plus optional attorney fees, search, and monitoring costs. Costs may vary depending on the number of classes and the filing method you choose.
What makes a logo eligible for trademark registration?
Distinctiveness, non-descriptiveness, and avoiding conflicts with registered or pending marks. Registration protects both your logo and your business name from unauthorized use.
What if my application is rejected?
You can amend and re-file based on the USPTO’s reasons or appeal the decision.
Does trademarking a logo protect it internationally?
USPTO registration offers U.S. protection. For international coverage, trademark owners can use the Madrid Protocol for global filings.
What’s the difference between ™ and ® symbols?
™ indicates an unregistered trademark, while ® is only for federally registered marks. Federal registration protects your mark under U.S. trademark law.
