How to Trademark a Logo in the USA

This article is general information, not legal advice. Trademark law is nuanced; for advice about your specific situation, consult a qualified trademark attorney.

Your logo is one of your most valuable brand assets. Customers learn to recognize it, trust it and choose you because of it. If a competitor uses something similar, that recognition can be diluted or confused. Knowing how to trademark a logo protects your investment and gives you legal tools to stop copycats.

This guide explains the US federal trademark process through the United States Patent and Trademark Office (USPTO), step by step.

What a trademark protects

A trademark identifies the source of goods or services. It can be a word, name, symbol, logo, slogan or combination. Trademark protection stops others from using confusingly similar marks for related goods or services.

Our guide to trademark vs. copyright vs. patent explains the differences in detail.

Common-law rights vs. federal registration

In the US, simply using a mark in commerce can give you common-law rights, usually limited to the geographic area where you operate. Federal registration offers significant advantages:

• Nationwide notice of your ownership
• A legal presumption that you own the mark
• The right to use the ® symbol
• The ability to bring actions in federal court
• A basis for registering in other countries
• Recording with US Customs to help stop infringing imports
• Use for marketplace programs such as Amazon Brand Registry

Step 1: Make sure your logo is distinctive

Strong trademarks are distinctive. The USPTO may refuse marks that are:

• Generic: the common name for the product.
• Merely descriptive: describing a quality or feature without more.
• Confusingly similar to an existing registered mark for related goods or services.

Original, distinctive logo designs are easier to protect. That’s one reason custom logo design matters — see what makes a good logo.

Step 2: Search for conflicts

Before filing, search for existing marks that might conflict:

• Search the USPTO’s trademark database for similar words and designs.
• Search state trademark databases.
• Search the web, social media, domain names and marketplaces for unregistered uses.
• Consider design elements, not only words — logos are searched by design codes.

A professional search can identify risks that a quick search misses. Finding a conflict before filing saves time, fees and the cost of rebranding later.

Step 3: Decide what to register

You can file different types of marks:

• Standard character mark: protects the words themselves, in any font, style or color.
• Special form (design) mark: protects the logo design as shown, with or without words.

Many businesses register their name as a standard character mark first, then register the logo separately if the design is distinctive and important.

Decide also whether to claim specific colors. A black-and-white drawing generally covers the design in any color; claiming color narrows protection to those colors.

Step 4: Identify your goods and services

Trademarks are registered for specific goods and services, organized into international classes. For example, clothing and software are in different classes. Each class adds fees, so choose classes that cover your actual or planned use.

Write your identification of goods and services carefully. Overly broad descriptions can be rejected; overly narrow ones can leave gaps.

Step 5: Choose your filing basis

• Use in commerce: you already use the mark with your goods or services. You’ll provide a specimen showing the mark in use — for example, on packaging, a website selling the services or product labels.
• Intent to use: you plan to use the mark soon. You’ll need to show use before registration is finalized.

Step 6: File your application

Applications are filed electronically with the USPTO. You’ll provide:

• Owner name and address
• A clear image of the logo (for design marks)
• A description of the mark
• Goods and services and their classes
• Filing basis and specimens if applicable
• Filing fees per class

Check the USPTO website for current fees and filing requirements, as they change from time to time. Foreign-domiciled applicants are generally required to use a US-licensed attorney.

Step 7: Examination and office actions

After filing, a USPTO examining attorney reviews your application, typically months later. If there are issues — such as a likely conflict, descriptiveness or unclear identification — they issue an office action explaining the problem.

You must respond by the deadline. Many issues can be resolved by clarifying descriptions, amending the application or presenting arguments.

Step 8: Publication and opposition

If the examiner approves the mark, it is published in the USPTO’s Official Gazette. Third parties then have a window to oppose registration if they believe it would harm them.

Step 9: Registration

If there’s no successful opposition — and, for intent-to-use applications, once you’ve shown use — the USPTO registers your mark. You can now use the ® symbol.

Step 10: Maintain and enforce your trademark

Registration isn’t permanent automatically. To keep it:

• File required maintenance documents between the 5th and 6th years after registration.
• Renew every 10 years.
• Keep using the mark in commerce.
• Monitor for infringing uses and act on them.

Missing deadlines can cancel your registration.

Using ™ and ®

• ™ can be used for unregistered marks to claim rights.
• ® can only be used after federal registration.

Common mistakes

• Skipping a thorough search
• Choosing descriptive or generic names
• Filing in the wrong classes
• Weak or incorrect specimens
• Missing response or maintenance deadlines
• Registering a logo you don’t fully own the rights to

Make sure you own your logo

Before registering, make sure you own the copyright in your logo design. With professional design, check that your agreement transfers full ownership to you. All logos we design come with full ownership rights.

Protect your brand with confidence

We help businesses register and protect their brands, from comprehensive searches to filing and responding to office actions. Explore our trademark registration services, or contact us to get started.

Frequently asked questions