Logo Registration Process
Registering a trademark is one of the most important steps in protecting your company's rights. The United States Patent and Trademark Office (USPTO) registers trademarks on its website. You'll need to fill out an application form and pay a fee before you can submit your request for a registration certificate. This handy guide will walk you through the process from start to finish.
Design a Logo
You cannot register a logo that does not exist. It is illegal for anyone to offer such a service, and it's an incredible waste of time and money for both you and the company selling the service. You must have a professional-looking logo created before you can register it with the United States Patent and Trademark Office.
Once your logo has been designed, you can either file an application yourself or consult a trademarking attorney.
Contact a Trademarking Attorney
You will want to contact a trademarking attorney and tell her that you want to register your logo for trademark purposes.
Once she is appointed as your agent, she will begin the application process by drafting an application for registration on your behalf. This application includes all of the necessary information about your image, including any other names it may have been called in the past (known as “variants”), when it was first used commercially, and where those first uses took place. The attorney will also draft an affidavit swearing under penalty of perjury that these facts are true and correct; after this document is signed and notarized by both parties, they can begin submitting their paperwork with the United States Patent & Trademark Office (USPTO).
File an application
To register a trademark, you must submit an application to the USPTO. You can do this online using the Trademark Electronic Application System (TEAS). To be accepted by TEAS, your application must meet several requirements and be accompanied by supporting documentation. The USPTO will review your application and send you a filing receipt if it is approved for filing.
When submitting your trademark application, you will need to provide basic information about yourself and your company as well as other details regarding what products or services are being marketed under that name. The USPTO also requires that all trademarks contain a symbol indicating they have been registered with the office; this symbol is either ® or ™ followed by an applicant's serial number (e.g., TM12345678).
You will also have to submit samples of any graphics used on product packaging so that these images can be compared with those appearing in online listings or advertisements, which helps prevent potential confusion among consumers when shopping around for similar items at different locations across town or abroad
Pay the Registration Fee
The fee for registration is based on the number of goods and services you are filing for. There are two filing methods: online or by mail.
If you choose to file online, there is a $400 minimum fee per class of goods and services being registered (this means that if you are only filing for one class, $400 will be charged). If you choose to file by mail, there is a flat fee of $425 regardless of how many classes/goods/services that you have been filing for.
Get a filing receipt
Once you've submitted your application, it may take a few weeks to be approved. You'll receive a filing receipt and tracking number once your logo is accepted by the USPTO. You can check the status of your application online at any time by visiting uspto.gov/trademark/applicant_search/status/.
Keep this receipt in a safe place; it's proof that you've applied for trademark registration and will be needed to make any changes or renewals when they come up later.
Office Actions or Refusals
Office Actions are a part of the formal trademark registration process. They are issued by the USPTO to applicants who have submitted a trademark application. Office Actions may be issued for one of several reasons, including:
- The applicant does not comply with all requirements set out in Section 8 or 15 of the Trademark Act;
- The proposed mark is confusingly similar to an earlier mark that has been registered or applied for; or
- The proposed mark appears to be a generic term or merely descriptive
It is important to protect your company and its rights by registering your logo with the United States Patent and Trademark Office (USPTO). Registering your trademark will help you defend it from infringement.
In short, when you register a trademark with the USPTO, you are telling the world that this mark is associated with you or your company. You are also saying that no one else can use this mark in any context without getting into legal trouble—and that includes logos.