If you are looking forward to trademarking your logo in the US, then you should know these expert tips.
Do Logos Need to Be Trademarked in the US? : Introduction
Do Logos Need to Be Trademarked in the US: A trademark can be any name, term, phrase, image, design, or a mixture of these that specifies your business and service. It’s how clients understand you in the marketplace and differentiate you from your opponents.
- It specifies the basis of your business and service
- Provides legal safety to your business
- Adds individuality to your business
- Assists and guards you against counterfeiting and crime
There is a misunderstanding among people that owning a trademark provides you legal ownership for a word or phrase and can prevent others from using it. The truth is, you don’t have rights on the word or phrase, but only on how that word or phrase is utilised with your particular business and field.
How to Trademark a Name or Logo in the US
Logos are a personal and important business property that can create an impact on the clients. Business holders who want to conserve a name and its identification should consider trademarking a brand with the United States Patent and Trademark Office (USPTO).
A personal logo can be trademarked by registering it with the USPTO. Anyone can file it online on the USPTO website if the company is primarily located inside the US. If the company is present outside the USA, an attorney will be expected to generate the filing. Here are the steps used to trademark your logo in the US.
Determine Whether You Need a Trademark
- It’s crucial to evaluate whether a trademark enrollment with the USPTO is essential since the procedure is time and cost intensive
- Initially, a company starts to use a logo to promote their product or service, and they automatically achieve mutual law ownership.
Do Logos Need to Be Trademarked in the US? : Search for Existing Trademarks
Make sure to search for whether any similar trademarks are present before you finalise the design of your trademark.
- A petition may be dismissed if the enrolled logo is likely to be similar to any other logo representing identical goods or services
- Logos cannot be the same and should drastically vary from other business
Prepare the Application
After verifying the trademark the next step is to prepare the application.
- Name, address, and other details of the firm should be filed for the trademark
- A JPG image format of the last edition of the logo or design has to be submitted
- If your logo is in color, you should also define the colors and where they have been utilised
- A JPG or PDF document of a sample that indicates a representation of how the logo occurs on the commodity or service should be submitted with the reports. This only adheres to applicants with substantial use in marketing, showcasing that the business proprietor has already started their business and services using the logo
- Those intending to use a logo for business will be expected to submit this proof later on.
File the Application
- The petition can be filed on the USPTO website
- The USPTO provides documented rules and regulations on how to file the online petition, relying on the filing alternative
- The application is filled, and the application significance is tested using the Trademark Status
- The USPTO authorises searching the status for five to seven days after the primary petition is filed
- However the method may take months if any errors are found.
Benefits of Trademarking
- Whenever you obtain your trademark, you can utilise an symbol with it
- The symbol lets customers and opponents know you are declaring the trademark as yours
- You can also add ‘TM’ for product or ‘SM’ for service even if you have not documented a petition to enroll your trademark
- Once you enroll your trademark , use an ® symbol with the trademark
- You can use the enrollment symbol anywhere around the trademark
- Although most of the trademark holders use this symbol in the form of a superscript or subscript to the right end of the trademark
- You can also only use the registration symbol with the trademark for the business documented in the federal trademark enrollment.
How Vakilsearch Can Help in Trademark Registration
Remember, timing is crucial for registering the trademark, and if you get it wrong the first time, it will take you months to get the next one. Vakilsearch provides the best service when it comes to trademark registration or trademark objection.
Our experts in Vakilsearch can help you through the process in just three steps. Get in touch with us on vakilsearch.com, and our expert team will provide all the guidance to complete the trademark registration.