Starting a new business is no doubt a big achievement but growing it beyond your expectations requires a lot more energy, money, and a smart approach. The field of business is a battle but the insurance of winning that battle lies in the decision you make which battle to fight and which you should leave.
Once you stepped up the ladder of the business world there are a few mandatory steps that are required to be followed. One of these steps is designing a logo.
The logo is the representative of your product whether be it a physical product or professional skills. Your brand would be recognized by the logo you will select for your business.
Many people try to rush toward trademarking their logos, but it is necessary to know when to follow that chase and when it could turn into an unnecessary chase and prove to be a monetary burden on your business.
Below I will inform you about how and when you should register your logo.
Business Assessment
Every business in the world has its logo. However, not every logo qualifies for trademark registration. No doubt you think about the idea of the business you want to start, design a unique logo for your business and get your business started.
Before thinking about a trademark you should assess whether your business is famous just in your region, just in the city or state you live in, or nationwide, because a logo is qualified for registration only if it is spread nationwide.
Otherwise, once a business starts advertising or selling items under a logo it is automatically getting limited protection under common law regarding ownership.
Logo Design
Designing a logo does not mean drawing a few abstract lines or choosing a digit or a letter and painting it in pretty colors and considering it done. If you wish to expand your business to an extent or your business grows so much popularity that it becomes necessary for you to get your logo registered then there are a few requirements to be considered before visiting USPTO.
You have to do thorough research on the existing trademarked logos so that you be sure yours does not bear any resemblance to the existing one and your application does not get rejected. You must design an authentic logo that should be in 2D form.
Ownership of Logo
Once you have your logo design ready and want to obtain legal rights of your company logo you will need to apply for trademark with USPTO. In the application, you would have to provide the list of products or services you would be providing under that logo. You may require to hire an attorney or specialized service to guide you through the process because a description of your logo understood by USPTO is necessary.
Benefit of Trademark
If your business is booming and you have reached the heights of success where your brand is loved and popular there might be someone ready to make you the victim of intellectual property theft by stealing your logo and selling different products or counterfeits and dragging your brand name through the mud.
The trademark would protect you from all this drama and possible lawsuits that might happen if those counterfeits caused any damage. By trademarking your logo you would be able to save the reputation of your brand by maintaining the quality of your products and services which made people like your brand in the first place.
Monitoring Trademarked Logo
One may think that trademarking a logo should be enough expense and the job would be all done. However, the story is different from that opinion. After trademarking your logo, you would have to hire people to keep a continuous check on if your logo is being used by anyone else, or if some counterfeits are being produced and sold under your logo.
You will have to keep an eye on above mentioned things to protect yourself from lawsuits and also for the protection of your brand.
Rejection of Logo Trademark
There are several reasons your application for trademarking your logo might get rejected. If your logo bears any similarity with the existing logo your logo won’t get trademarked.
The generic logos, logos in the form of verses, and offensive or confusing logos that do not give a clear vision of the brand are more likely to get rejected by USPTO. The more original, distinctive, relevant, practical, and straightforward your logo is the stronger its chances to get trademarked.
Limitations of Trademark
Trademarking your logo in one country would provide you protection in that country only. Anyone else in any other country can use your logo. If you wish to trademark your logo in other countries then you would have to apply for it separately in those countries.
People can use your logo even after you trademark it for things that are compliant with the fair use doctrine if that doesn’t create any confusion for consumers. A trademark would not give you the right to anything generic and basic.
FAQs
Can I patent my logo?
No! You cannot patent a logo, but you can file a trademark to protect your logo.
What is the cheapest way to trademark a logo?
The cheapest way is by registering your trademark online through the USPTO’s trademark electronic application system.
How many logos can I trademark in one application?
You can only add one logo in one application.
Can I trademark my logo for free?
No! You cannot get your logo trademarked for free.
