How to trademark a logo
A logo filing protects a particular look. A filing for the name in plain text protects the words. Here is how the two differ and how to choose.
You can trademark a logo by filing a design mark application that shows the logo as you use it. A logo filing protects that particular look, while a filing for the name in standard characters is not tied to any one style, so most owners decide which of the two to file first.
Word mark or design mark
| Word mark (standard characters) | Design mark (logo) | |
|---|---|---|
| What you file | The words in plain text, with no style | The logo image, with or without words |
| What it covers | The words, whatever the lettering | The words and artwork as shown |
| If you redesign | A new font or colour does not change the filing | A material change to the logo may need a new filing |
| Best for | The name you expect to keep | A distinctive symbol or lettering customers recognise |
Why the name often comes first
Logos get redrawn as a business grows. Names tend to stay. A name filing in plain text follows you through those redesigns, while a logo filing is tied to the image you submitted. Each filing is its own application with its own fee, so protecting both means paying twice per class. The USPTO base fee is $350 per class.
The balance shifts when the logo carries the brand alone. A symbol with no words, or a mark customers know by its shape, may deserve the first filing. If you can file only one, ask which one a copycat would need to imitate to confuse your customers.
Colour claims
A logo can be filed in black and white, or with colours claimed as a feature of the mark. Filing without a colour claim is the more flexible route, because it can cover the logo in other colours too. A colour claim narrows the filing to the colours shown. It makes sense when the colours themselves are part of how people recognise you.
What the application needs
- A clean image file of the logo, at a size the USPTO accepts.
- A short description of the design, such as "a blue circle containing a white letter H".
- The goods or services and the class they fall under.
- A sample showing the logo on a product, label, package or advertisement for the goods or services.
- Proof that you own the artwork or hold the right to use it.
Ownership is worth checking early. If a designer, a template site or a stock image library supplied part of the artwork, the terms of use decide what you may register. A logo created with software tools raises its own questions, which we cover in can you trademark an AI-generated logo.
Symbol and words together
A logo that pairs a symbol with the name can be filed as one image, which covers the two as arranged. Filing the symbol and the words separately costs more, but each element can then stand alone if you later use them apart. Think about how your packaging, social profiles and signage will use the pieces before you choose.
Checking a logo against earlier marks
An examiner compares logos against registered designs as well as words. A name search shows conflicts in wording, and our free trademark search starts there. Similar artwork needs a closer look at the images themselves, which is a good question to bring to a call.
The usual order
- Search the name and decide whether to file it in plain text.
- Choose the class for the goods or services the logo will appear on.
- Prepare the logo file and a sample of it in use.
- File the name, the logo, or both.
The steps from filing to registration match those in how to trademark a name. Once registered, the registered mark symbol is allowed, and TM vs the registered symbol explains the difference. To see how we prepare filings, go to register a trademark.
Related guides
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This is general information, not legal advice.