How do I trademark my business name or logo?

Why Trademarking Matters for Your Business

Your business name and logo are more than just identifiers—they represent your brand’s identity, reputation, and trustworthiness. But what happens if another company starts using a similar name or logo? Without legal protection, your brand could be at risk. That’s where trademarking comes in.

Registering a trademark gives you exclusive rights to your business name or logo, preventing others from using it without permission. But how do you go about trademarking your brand? Let’s break it down step by step.

---

What is a Trademark?

A trademark is a unique symbol, word, phrase, or design that distinguishes your business from competitors. It can include:

• Business names
• Logos
• Slogans
• Taglines
• Unique product packaging (trade dress)

Once registered, a trademark gives you legal protection and exclusive rights to use your brand identity in commerce.

---

Step 1: Conduct a Trademark Search

Before you apply for a trademark, you need to ensure your business name or logo isn’t already taken. A thorough trademark search can save you from legal trouble down the road.

How to Perform a Trademark Search

• Use the United States Patent and Trademark Office (USPTO) Trademark Electronic Search System (TESS) (USPTO.gov) to check for similar trademarks.
• Search state-level databases if you plan to operate locally.
• Look up common law trademarks by checking business directories, websites, and social media.

If your desired name or logo is too similar to an existing trademark, you may need to modify it to avoid legal conflicts.

---

Step 2: Prepare Your Trademark Application

Once you confirm your business name or logo is unique, it’s time to apply for a trademark. You’ll need the following:

• Business name or logo design (in a high-resolution digital format)
• Description of goods/services your business offers
• Filing basis (e.g., whether you’re already using the name in commerce or plan to in the future)
• Owner’s information (individual or company applying for the trademark)

---

Step 3: File Your Trademark Application with the USPTO

You can file your application online through the USPTO’s Trademark Electronic Application System (TEAS). There are two main filing options:

1. TEAS Plus ($250 per class of goods/services) – Requires strict adherence to USPTO’s pre-set descriptions but is more affordable.
2. TEAS Standard ($350 per class of goods/services) – Allows for custom descriptions but costs more.

After submitting your application, you’ll receive a confirmation receipt with a serial number to track your application status.

---

Step 4: USPTO Examination Process

Once filed, your application goes through a review process by a USPTO examining attorney, which can take 6-12 months. During this time, the attorney checks for conflicts with existing trademarks and ensures your application meets legal requirements.

If issues arise, you may receive an Office Action requiring clarification or adjustments. Responding promptly increases your chances of approval.

---

Step 5: Publication in the Trademark Official Gazette

If your application passes the examination phase, it will be published in the USPTO’s Trademark Official Gazette (TOG). This publication allows the public 30 days to file an opposition if they believe your trademark infringes on theirs.

If no objections are raised, your trademark moves to the final approval stage.

---

Step 6: Trademark Registration and Maintenance

Once approved, you’ll receive a Certificate of Registration, giving you full trademark rights. However, your work isn’t done yet—trademarks require ongoing maintenance.

Trademark Maintenance Requirements

• Between years 5-6: File a **Declaration of Continued Use (Section 8) to prove you’re still using the trademark.
• At year 10 and every 10 years after: File a Renewal Application (Section 9) to keep your trademark active.

Failure to maintain your trademark can result in cancellation, allowing others to claim your brand name or logo.

---

Additional Trademark Considerations

Should You Hire a Trademark Attorney?

While you can file a trademark application yourself, hiring an attorney can be beneficial, especially if:

• Your trademark is complex or involves multiple categories.
• You receive an Office Action requiring legal arguments.
• You want to increase your chances of approval.

How Long Does a Trademark Last?

A registered trademark lasts indefinitely as long as you continue using it and file the necessary renewal documents on time.

International Trademark Protection

If you plan to operate outside the U.S., consider applying for international trademark protection through the Madrid Protocol, which allows you to register in multiple countries simultaneously.

---

Frequently Asked Questions (FAQs)

1. Can I trademark my business name and logo at the same time?

Yes, but you’ll need to file separate applications for each. A business name and a logo are considered distinct trademarks.

2. How much does it cost to trademark a business name or logo?

Filing fees start at $250 per class of goods/services. Additional legal fees may apply if you hire an attorney.

3. Can I trademark a name that’s already in use?

If the name is already registered as a trademark, you likely won’t be able to use it. However, if it’s not trademarked but is widely used, you could face common law trademark disputes.

4. What’s the difference between a trademark, copyright, and patent?

• Trademark: Protects brand names, logos, and slogans.
• Copyright: Protects original creative works (books, music, films, etc.).
• Patent: Protects inventions and new product designs.

5. Can I use the ™ symbol before my trademark is approved?

Yes! You can use the ™ symbol for an unregistered trademark. Once registered, you can use the ® symbol.

---

Final Thoughts

Trademarking your business name or logo is a crucial step in protecting your brand. While the process may seem lengthy, securing a trademark ensures you have exclusive rights to your brand identity, helping you avoid costly legal battles in the future.

Ready to trademark your business? Start with a USPTO trademark search and consider consulting a trademark attorney for expert guidance.

References:

Forbes: Protecting Your Business Name

U.S. Patent and Trademark Office (USPTO)

LegalZoom: Trademarking Your Business Name

---

---