Here are some examples that better illustrate what is acceptable when trademarking a universal or symbolic logo: If you want to use a common symbol for your logo, then it must possess similarly distinctive characteristics. Examples include the bite missing from the Apple logo. Others incorporate design twists that make generic symbols distinctive. Some companies, such as Macy’s, add their word mark to a generic symbol.
In other words, there must be something unique about your logo that sets it apart from all the other stars, pine trees, light bulbs, etc. In order to receive approval from the USPTO, you must design a logo that possesses a distinctive character. However, these symbolic logos are never as generic as they seem. When you see a tree, you think wilderness and nature. Using these common symbols makes sense to many marketing executives – they’re universally understood and effective at characterizing a brand thanks to the cultural meanings we’ve attached to them. Think about all of the stars, hearts, and paw prints you see in advertising material. Ensure a Design Distinctive Enough to TrademarkĬompanies and institutions often use a generic or archetypal symbol to represent their brand. A trademark search can save you time, effort, and money. Patent & Trademark Office (USPTO) upholds a trademark owner’s objection to your logo, you will need to pay again for each of these services.
Trademarking my logo plus#
The trademark application fee is at least $350, plus attorney fees if you retain one. So why not simply file your trademark application and wait for any potential objections? Trademark owners will have the chance to oppose your trademark filing if they feel your logo infringes on any aspect of theirs. Even though your logo might be unique as a whole, it could contain shapes, symbols, or even colors that another company has trademarked. Patent and Trademark Office’s TESS system to see if any existing trademarked logos conflict with yours.Ĭompanies protect their trademarks with a heavy hand. Before you approve the final design of your logo, you or your trademark attorney should search through the U.S. It’s pretty obvious that you shouldn’t rip off your competitors when you design a logo, but simply separating yourself from your obvious competitors might still land you in hot water. Check for Existing Trademarks Before You Approve the Design Once complete, your attorney can make sure the logo is in compliance with the United States Patent and Trademark Office (USPTO) directives. At the same time, you can focus on creating a logo that aligns with your company's vision. An attorney can guide you through the design process to ensure that the logo is unique enough for trademark approval. This is where working with a trademark attorney offers some benefit.
For instance, if you own a milk company, your logo cannot be “MILK” just by itself. You cannot simply pick a dictionary word that is connected to the product or service you are offering and use that as your logo. The most important factor is ensuring that your logo is distinct. Your logo design can be a shape, symbol, images, words, or a combination thereof. The first step to getting a logo trademark is-as you might expect-to create your logo.
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