Getting a trademark for a logo is much harder to do then getting a trademark for a slogan, or something else. This article is going to help you understand what you have to do to trademark a logo. It requires many additional considerations then registering a slogan trademark, because you have conduct a design search for the trademark or company logos.

Logos are not as strong trademarks from a legal perspective, especially because they only protect the logo registered, so if you change it at all, you will have to file for a new trademark. However, it is easier to register a logo trademark then it is a word mark. But, this does not mean that it is easy to trademark a logo, especially if you want the optimal trademark protection.

Because it is a complicated process to trademark a logo is a good idea to hire a trademark attorney to help you through the process. A trademark lawyer will review your logo, conduct a design search to ensure that your trademark logo does not infringe upon other trademark logos, and give you advice on how to go about getting it registered.

Whether you choose to hire a trademark attorney or not, you will need to do the following things to trademark a logo:

First, you have to search the USPTO's database to make sure your logo does not infringe on anyone else's trademark. You can search for trademarks in the USPTO's trademark database.

You are then going to take the "literal elements" of your logo, such as the words or phrases in your logo, and enter them into the database for your search. It is important to understand that when you register a logo as a trademark, you are not claiming exclusive rights to the words in the logo but you are claiming rights to the graphical presentation of the logo as a whole. However, searching these literal elements helps you find logos from the same genre.

You will then need to sort through your search results. Basic searches of the USPTO's trademark database return both word marks and literal elements from logo marks. You want to do this search to determine if your logo is truly unique. If you want to a more comprehensive trademark search, your attorney, or a professional search company like LegalZoom can do it for you.

While a search is not required, we put it as the first step of how to trademark a logo because if the logo you want to trademark is found to be too similar to one already in existence, your application will be denied. Government filing fees are not refunded. So, to save you time and money, it is smart to do a trademark search, especially if you are serious about your trademark.

Once your search is completed and you have determined that you have a logo that is unique, you can move on to step two.

The second thing you want to do is get the right application for your particular logo. Trademarks are classified by a business' particular goods and services. You must complete the appropriate application. You can visit the USPTO's site at www.ustpo.gov for the applications.

Then, you fill it out, and send it in to the USPTO. You will need to pay any fees that are part of the application process at this time as well.

The USPTO then reviews trademark applications for federal registration. They will either accept or reject your trademark application. It takes between 10 and 16 months to secure trademark registration with the USPTO. However, your logo is protected as of the date of filing, not the date of issue, so you can begin using your trademark immediately.

You need to know that if you are interested in trademarking your logo, company name and domain name, each one must be trademarked separately. Even if your business name is part of your logo, the two must be registered individually, because as stated earlier, a logo trademark does not trademark the words, but the graphic design.

So, now you know how to trademark a logo, but it is important to understand the difference between a state and federal trademark.

State Trademarks:

State trademarks only protect a logo in a specific state, the one they are registered in. You would want to register your trademark in the state that you are using it in. So, if you only sell in one state, this is the best trademark for you.

Federal Trademark:

Federal trademarks offer national protection but are only available to companies conducting business in more than one state. So, if you only sell or offer services in one state, then you can't apply for a federal trademark.

So, what trademark is best?

In theory a federal trademark is going to offer the most protection, however, because there are restrictions on it, many can not get a federal trademark. However, if you conduct business on the internet, you will want to try for the federal trademark because the internet does not stay within one state, but crosses state lines. Thus, the federal trademark will offer you more protection. If your business is operating in only one state, you will usually find that a state trademark offers enough protection. The symbols for the state versus federal trademarks are different, so you can know whether or not something is federally trademarked or not.

One you have trademarked your logo, is there anything else you need to do?

Yes, there is more you need to do. You need to renew your trademark after five and ten years. It is going to be a legal mark that lasts forever, but if you miss the renewal, you will not have all the protection it offers. Your trademark can become a very valuable asset, so investing some time and money in trademark protection is a good idea. You went through the hassle and the process of doing a trademark search, making sure yours was unique, and paying to register it, now you need to keep it protected.

You know the how's of trademarking a logo, but just as important as how to do it, is the why you should do it. Many people think that it is not a big deal, but the truth is, your trademark can have enormous marketing power. So, why should you trademark a logo?

Would Nike be as recognized worldwide without their Swoosh? Would MGM be the same if they did not have the MGM lion? How different would a Target commercial be if they did not use the Target's Bullseye?

Logos are not just pictures or images you stick on stationary, they are a universal symbol for recognition. Images cross language barriers, and images can be seen and recognized at a glance. Images, when used correctly, are far more powerful than words can be. When short and sweet is the key to good marketing, an image can go a long way, and carry a big punch. So, it is important to realize that a logo gives businesses instant recognition with buyers and represent an organization's individuality.

We live in a fast paced world where often times you only get one glance to make an impression. So, when you are designing your logo for trademarking, make sure you do not have lots of ornate detail, rather make it simple, universal, and powerful. It does not matter if you are just a small business right now with only a handful of employees, everyone has to start somewhere. So, think future, and thing big. If you have a unique and recognizible logo from the ground up, think about how much more powerful it will be after you become a big business then the same logo would be, designed twenty years later.

When it comes to logo trademarks you want to first make sure you are not using some else's logo, or one too similar to someone else's, and second you want to make sure you protect that logo. Obviously, the best way to do that is to trademark it. Trademarking a logo not only protects it from being used by other similar companies, it also protects a company from unknowingly infringing upon an existing logo.

Taking the time to do it right, create the right look and feel for your logo, make sure no one else is using it by conducting a thorough trademark search, and then properly filling out the application so that you can get your logo trademarked is a key part of having a successful at-a-glance representation of your business. Just remember, without the power of a logo, many of the biggest national companies would not nearly be as strong of marketing contenders. So, take the time to do it right, and your logo may also become a nationally recognized symbol. Who knows?