Quick Answer: Is It Easy To Trademark A Logo?

Applying for trademark registration is time-intensive, averaging about 10 months to complete the process.

The application is expensive, too, with a minimum filing fee of $325 if you prepare and submit the most basic application without legal counsel.

Your logo might change in a couple of years..

Can I put TM on my logo without registering?

The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it. The most common use of the TM symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO.

Should I get a trademark or LLC first?

In many cases, a business will want to start the trademark application as soon as their LLC or corporation paperwork is filed. By filing for a trademark prior to launch, you can be sure that your name is protected once you begin commercial sales. However, there may be an even stronger reason to apply early.

How long does a US trademark last?

How long does a trademark registration last? A trademark registration may remain in force for potentially unlimited consecutive ten-year periods as long as the owner meets the legal requirements for post-registration maintenance and renewal and timely files all necessary documents.

How do you tell if a logo is trademarked?

To search the USPTO’s trademark database, go to TESS and choose a search option. If you are searching for a name, you can use the trademark name search. If you are searching a design mark, such as a logo, you will first need to look up your design code using the USPTO’s Design Search Code Manual.

What does TM or R mean?

registered trademarkThe TM symbol can generally be used by any person or business to indicate that a particular word, phrase or logo is intended to serve as an identifier for the source of that product or service. … The R symbol indicates that this word, phrase or logo is a registered trademark for the product or service.

Do you have to put the trademark symbol every time?

No, you don’t need to use the registered trademark symbol with every instance of the mark in question. The general rule is to use it with the most prominent (and generally first) instance of the mark on a given web page, publication, etc.

By common law, a logo is trademarked as soon as it’s used in commerce. But, according to LegalZoom, this may only protect you in your immediate locale. State registration will provide additional protection, and it’s relatively simple and inexpensive. Federal logo trademark registration is a bit more of a process.

Which One Should I Trademark? It depends. Higher value tends to lie in name recognition rather than familiarity of a logo. Since logos change more often than names, it usually makes more sense to register a standard character mark to protect the business moniker itself.

How can I make a logo legally?

The Steps to Protecting Your LogoDecide on Your Logo Concept. … Check for Existing Trademarks Before You Approve the Design. … Ensure a Design Distinctive Enough to Trademark. … Apply for Your Trade Mark as Soon as Possible. … Wait for the trademark to be approved.

Does an LLC need a trademark?

If you have already incorporated or formed an LLC for your business, you should register your trademark under the umbrella of the corporation or LLC. … While the process of registering a trademark is more involved than registering a DBA, rights to your name will be enforced by both federal and state governments.

Does an LLC protect my business name?

Once your LLC or corporation application is approved, your name is protected in the state: No other business will be able to form an LLC or corporation with the same name in that state. However, there’s nothing to stop a business that operates as a sole proprietorship or partnership from using your name in the state.

If a trademark is registered with the United States Trademark Office, then you can use the ® symbol. If the mark is not registered, then you should use the TM or SM symbols. The TM symbol can be used for any mark whether in use on goods and/or services.

You certainly don’t have to register the copyright and trademark your company’s name or logo, in the United States; you own the copyright as soon as you put the original work on a pieces of paper or computer drive, and you won a trademark as soon as you use your name and logo for marketing your business.

These are the steps you need to follow:Understand why you need a logo.Define your brand identity.Find inspiration for your design.Check out the competition.Choose your design style.Find the right type of logo.Pay attention to color.Pick the right typography.More items…

If you are using your business name as your trademark, you can also register your business name as a trademark. Registering your trademark will give you exclusive rights to it in Canada for at least 15 years (you can renew it indefinitely as long as it is still being used).

Copyright secures Creative or intellectual creations. Trademarks secure the branding under which products and services are sold. Patent secures inventions that are useful for the world and has some use.

The cost to trademark a name at the federal level ranges from $225 to $400 plus legal fees or $50 to $150 for a state trademark. The average cost to trademark a logo is $225 to $600 plus any legal fees. Get free estimates from trademark attorneys near you.