How to Trademark Your Business Name and Logo Design
Your business's name and visual brand are more than just your brand—they are your identity and intellectual property (IP). Both are usually the first thing people encounter when hearing about your business, visiting your website, or seeing it in the physical world, out front of a building, on the side of a truck, or on an employee’s shirt. Both are the primary symbols of your values and reputation.
But have you ever stopped to think about how protected they are?
Without legal protection, your name and logo are vulnerable. Competitors could copy it, misuse it, or even try to claim it as their own, leading to brand dilution, loss of revenue, and even legal battles. That’s where trademarking comes in. By trademarking your business name and/or logo, you’re safeguarding your brand and securing the exclusive rights to use it with your products or services.
We polled our clients and LinkedIn followers to see if they had experience with trademarking, and asked them what questions they’d like us to answer in this post.
Based on their responses, we’ll walk you through what it means to trademark a logo, why it’s crucial for any business, and how you can navigate the trademark process step by step. Whether you’re a start-up, small business owner, or entrepreneur, this post will help you protect the brand you’re working hard to build.
Patents, Copyrights, Trademarks…What do they mean, and which one do I choose?
Before diving into trademarks, you may have heard other terms like “patent” and “copyright”. Patents, copyrights and trademarks protect your intellectual property, but defining them is essential as they all serve different purposes (and different kinds of property).
The USPTO (United States Patent and Trademark Office) grants patents and registers trademarks. The U.S. Copyright Office at the Library of Congress registers copyrights.
Patents safeguard inventions and processes from other parties copying, making, using, or selling the invention without the inventor’s consent. If engineers create a new hybrid engine, they want to secure a patent to prevent competitors from stealing the technology.
Copyrights legally protect artistic, literary, or intellectually created works like novels, music, movies, photographs, software code, and paintings that are ORIGINAL and exist in a tangible medium (like paper, film, or digital format). Owning a copyright protects your exclusive rights to reproduce, distribute, and perform/display the created works. It also prevents others from copying or exploiting your art without your permission. An example would be a company like Nickelodeon copyrighting the lyrics to the theme song of SpongeBob SquarePants.
A Trademark (or intellectual property mark) gives its owner exclusive rights to use it in connection with goods and services. It also distinguishes them from the goods and services of others and indicates the source of your goods or services.
For this blog post, we have focused solely on trademarking and how to do that. If you want to learn more about what kind of intellectual property you have and which process is right for you, use the IP Identifier to learn more.
Different Kinds of USPTO Trademarks
Word Mark: A trademark of text only — words, letters, or numbers — with no design, font, or color. It protects the wording itself.
Design Mark: A trademark with stylized text, logos, images, or other design elements. It protects the way the mark looks.
In addition to Word Marks and Design Marks, the USPTO recognizes a few other types of trademarks (also called mark formats) that protect different aspects of branding:
Sound Mark – protects a unique sound that identifies a brand (e.g., NBC chimes).
Scent Mark – rare, but protects distinctive smells used in branding.
Color Mark – protects a specific color or combination of colors used in a particular context (e.g., Tiffany Blue®).
Motion Mark – protects moving images or animations (e.g., the Pixar lamp).
Hologram Mark – protects three-dimensional holograms.
Touch/Texture Mark – protects unique surface feel (very rare).
In this post, we will be discussing Word Marks and Design Marks because most small businesses trademark these.
What concerns have kept you from trademarking?
Design Powers LinkedIn followers poll question #1
Why should you trademark your wordmark or design mark (or both)?
When we sent out our form asking our followers and clients what they most wanted to know about trademarking, we received many variations of the same question:
“Do I need to trademark my logo?”
“I don't care about trademarking my logo. Should I?”
“Why would I want to trademark my business name or logo?” (@Monika Jansen)
“Is it worth it to go through all the hassle?”
There are many reasons for trademarking your logo, but the most important are:
A trademark prevents your business from being sued and allows you to sue other businesses that use similar markings, slogans, or assets. A trademark will enable you to take legal action against anyone stealing your design or using something similar.
A trademark guarantees that your logo isn’t similar to others in your industry. Suppose you were to infringe on another business’s trademark (even accidentally). In that case, you open up to a lawsuit, paying legal fees and fines, and giving up all profits you obtained under the unregistered trademark. Anything that has the offending mark on it would have to be redesigned. That could be a considerable cost, depending on what your business has invested in and for how long.
It helps your brand establish trust and credibility and builds equity within your industry. Potential clients and customers trust recognizable and long-lived brands. A trademark shows that you are invested in your brand identity and want to protect the value you’ve created.
“At what point does the investment make sense for a small, online-only business?”
As a small business ourselves, we find that a trademark is most useful if you plan on growing and building a strong brand. Besides the three critical reasons listed above, investing in your company’s intellectual property is always a valuable asset. A trademarked name can be bought, sold, or licensed.
Depending on how you’re getting business, people interested in investing in your company might require you to have a trademark before they invest.
Ultimately, you’ll have to weigh the pros and cons of trademarking for yourself, but we've found it to be a powerful tool for boosting our brand’s recognition and value.
Have you ever tried to trademark something before?
Design Powers LinkedIn followers poll question #2
Can you trademark any logo?
The short answer…no, you can’t trademark any logo.
Your logo (known in this context as a design mark) must be distinctive to be eligible for a trademark. If there is a chance that your logo could be mistaken for another brand or company’s insignia, it will likely be much harder to trademark.
The best way to avoid this issue is to research with trademark searches before design. Online search tools allow you to search for existing trademarks, both registered and applied for, to identify potential conflicts with your desired name and mark. You want to make sure what you have in mind is available and has not already been taken.
Then, prioritize original art created by real people specifically for you and your brand. Professional designers know the ins and outs of trademarking and can guide you.
Last year, a potential client contacted us about designing a new logo for her business. She had previously created a logo using art that she found in Canva, a free-to-use online graphic design tool.
Canva allows users to source stock art, icons, images, and graphics on its platform while designing. After she had picked a stock logo that she was satisfied with, she applied to trademark her business name and logo. Unfortunately, her application was rejected because you cannot trademark something if it uses stock art. Why is that?
Can you trademark premium stock or free clip art?
Generally, you can’t trademark stock because you do not own the source material; you will undoubtedly have issues filing for trademarks with imagery that incorporates stock content. Some stock houses, like Shutterstock, allow you to use the art only if you acquire the copyright from the contributor; they grant you exclusive rights, and you pay them.
iStock is one of the internet’s most popular stock image sites, and their legal license agreement policies specifically forbid the use of their content in logos unless you pay for a license to use that specific piece of visual media, as outlined in the below excerpt (from Section 3, Restricted Uses, paragraph D):
“No Use in Trademark or Logo. Unless you purchase a custom license (not available for Music), you may not use content (in whole or in part) as the distinctive or distinguishing feature of a trademark, design mark, tradename, business name, service mark or logo. Additionally, you shall not be entitled to register (in any jurisdiction) such content (in whole or in part) as a trademark or rely on any such registrations, prior use, and/or accrued goodwill to prevent any third-party use of the content or any similar content (including by us, our customers, or the copyright owner of such content).”
Can you trademark an AI-generated logo?
A recent question we’ve fielded from clients and colleagues is whether AI (artificial intelligence) can be a valuable tool in logo design, even if AI is just a source of inspiration and not a means of creating a usable concept for your visual branding.
AI software and stock can be helpful tools for generating concept ideas, identifying what you like and don’t, and getting inspired by content that isn’t yours. A bit of window shopping can be a thoughtful spender’s best friend!
AI technology, and especially AI image generation, has exploded in popularity. While such powerful large language models (LLMs) can be an asset, we recommend caution when relying on them to create commercial art you want to trademark.
It’s not possible to trademark images generated by AI. LLMs are trained on massive datasets and source their stylistic elements by scanning what’s publicly available on the Internet, including images of original art or designs uploaded by creators that are copyrighted material and may already be trademarked.
So, even if you don’t mean to, since the AI software has been trained on copyrighted images, there is a legal risk that the models will generate art that could infringe on IP. In general, avoid text prompts that ask AI to mimic specific artists because it’s very likely that you’ll be sourcing imagery that you don’t have a legal claim to use, which could open you up to difficulties that are easily avoided by relying on the creativity and collaboration of professional designers (like us!) to put ideas in motion on your behalf.
“I’m never sure if the ROI of going through the process will be worth it or not. Sure, seeing the TM gets noticed (maybe tells people you’re pretentious or litigious?!), but as a small business, I’m certainly not going to take someone using my trademarked whatever to court.”
How To Trademark Your Logo
Now that you know what kinds of protection for intellectual properties there are, and what you can and can’t trademark, it’s time to start on how to get it done!
1. RESEARCH
As mentioned earlier, we recommend conducting a Trademark Search to check for similar logos. The USPTO offers a free database that shows every mark that has ever been registered or applied for. This is a necessary step before you apply for registration.
You can do three different types of searches.
A USPTO search: This is the portal that is shown above. Visit the USPTO to learn more about using the Trademark Electronic Search System (TESS) search capabilities.
A Common Law Search: This involves checking for existing, unregistered trademarks that might conflict with your own. Common law trademark rights pertain to the actual use of a mark in commerce. Basically, a company can have rights to a trademark even without registration with the USPTO.
International Database Search: This search is only necessary if you plan to use the trademark internationally.
2. DESIGN, FILES, USAGE
Once you have finished your search, you’ll be ready to work with a designer to create your unique logo and variations and use your logo files digitally online and in print. There is no specific amount of time that your logo must be in use for before filing for a trademark. Most people who are interested in trademarking their logo do it right away. Some experts recommend using it in commerce for a period of time to show that you’re using it before filing. Ultimately, it is up to you to decide how soon you want to apply.
3. PREP + FILE FORMS
Then it’s time to start preparing your forms. You can apply for two trademarks when starting this process: a standard character mark or a special form mark.
STANDARD CHARACTER FORMAT: Most trademarks are registered in standard character format. This format protects words, letters, numbers, or a combination of those without any limitation to a specific font style, size, color, or design. Basically, you’re getting protection for the words themselves, regardless of how they’re displayed, like with the registered word Coca-Cola. This is most commonly referred to as a Wordmark Trademark.
SPECIAL FORM MARK: Trademarks registered in special form format protect trademarks that are stylized, have designs or logos, or are in color. Trademark owners typically register in a special format when the stylization and design are an important part of the trademark. With this format, you’re getting protection specifically for the way the trademark looks. This is most commonly referred to as a Designmark Trademark.
Federal vs State Trademark
“Is it important to Trademark your business name? Can someone in a different state register it too if it's not trademarked?”
If you register your trademark with your U.S. state, that creates rights within that state only. Your trademark would not be protected if you expand your business across state lines. Also, not all states have trademark registration databases, making it harder for third parties to be aware of your rights in that trademark. Each state has its own registration requirements.
Registering your trademark with the USPTO would be applying for a federal trademark, which (generally) guarantees you rights throughout the entire United States and its territories. You could use the ® symbol and rely on those rights to protect your trademark if you ever expand your business beyond state lines.
However, the USPTO is not an enforcement agency, so you are responsible for pursuing anyone infringing on your rights. We have a federal trademark for our wordmark/business name, Design Powers, and think it’s essential!
Pros and Cons of Working with an Attorney or DIY-ing the Trademark Application Process
“Do I really need to hire a lawyer and pay thousands for each one?” (@smoothoperatorbiz)
You can decide to hire a trademark attorney or do it yourself. Suppose you live in the U.S. or its territories. In that case, you are not required to work with an attorney to file a trademark, but considering they do this professionally and know the ins and outs, this could be the most time-effective way to get it done right.
Depending on your level of comfort with trademark law and the application process, it may be helpful to have the skills and guidance of a professional at your disposal—the USPTO strongly recommends it.
Trademark attorneys can conduct proper trademark searches on not only the state and federal levels but also in “common law” (marks not registered on the state or federal level). They can advise you on choosing the proper filing basis and naming the proper trademark owner. Selecting the wrong filing basis can leave your application vulnerable to a potential competitor.
An attorney will advise you if your application is marked as pending or denied. They can also defend you at the Trademark Trial and Appeal Board if your mark is challenged (Law Offices of Nikki Siesel, PLLC).
“What are the pitfalls of trying to DIY the process versus hiring an IP attorney?”
The Tale of Three Trademarks
TRADEMARK #1
(When I had to hire a lawyer)
When I started Design Powers in 1996, I didn't think too hard about my business name. Fortunately, my last name, Powers, is both a verb and a noun. It was an easy solution to put what I do next to who I am.
It wasn’t until 15 years later that I even considered trademarking my business name. I must thank Rebecca Gellar, founder of The Geller Law Group, a women-owned law firm in the DMV. I attended a talk she gave to a group of women business owners, where she sternly laid out the pitfalls of NOT trademarking your business name. It sounded harrowing and expensive. I didn’t want to be forced to change my business name after 15 years because another business now holds the rights to it because they trademarked it.
On July 4, 2016, I submitted the USPTO application for a WORD MARK: Design Powers (Standard Characters, mark.jpg). The literal element of the mark consists of Design Powers. The mark consists of standard characters, without claim to any particular font, style, size, or color.
One must also submit “specimens” showing your business name on printed materials, online, and in use, and pay the application fee, which at the time was $225.
Since I was transitioning my business from print to website design, I had taken down my graphic design-focused website and had a business Facebook page. (I know, I know) I only had a business card, so I sent that as my specimen.
Two months later, I was notified that my application was rejected because my business card showed my name as “DESIGNPOWERS” as one word. Oops…I was a bit too hasty sending that in.
Trademarking is about specificity; the details matter!
Okay, no problem, I returned the same business card, but with a space added between the two words. A month later, I received another rejection stating that the three-word tagline was problematic. Wait, wha?
I decided to hire a trademark lawyer because I felt confused and concerned. The second notice stated that it was the FINAL NOTICE. If I sent them another wrong specimen, my application would be null and void.
The lawyer said, “The PTO has certain criteria (i.e., use of the complete phrase (without any additional wording), as a heading and/or in bold lettering and set apart from surrounding text) for it to be considered a trademark. In addition, we must also show that the DESIGN POWERS trademark is being used to advertise or promote the services you applied to register.”
Since I was in the middle of this transition, I had to mock up specimens that would comply with the requirements since I didn’t have actual examples. This made me decide that my company name was, in fact, two words. I had been using both interchangeably.
The Trademark Attorney also performed other tasks. Here is a list of the associated costs. Keep in mind that these prices are from 2016.
Task and Charge Summary:
Conduct preliminary search: $425
Full trademark search: $575 + vendor fee (min. $655)
File application (up to 3 classes): $525 + $275/class
Office actions: $200–$750 based on complexity
Statements, extensions, and amendments: $200–$300 + fees per class
Registration documents: $300–$500 + fees
Opposition, cancellation, appeals: $250–$750 + $100–$300/class
Foreign filings: $300 + foreign associate/government charges
Extra costs may apply (e.g., courier, design, investigator fees); 15% annual late fee applies after 30 days.
Thankfully, on August 15, 2017, 13 months after I first submitted my application, I was finally approved, and my word mark was officially a registered trademark! You can view the certificate at this link.
I’ve since had to re-up in 2022. Again, I used the same Trademark Attorney, costing $975. I look at it as the price of doing business. It would cost me a lot more to change my business name!
“If I want to trademark my marketing message name, how many different trademarks do I need? It's a program, I want to write a book about it, create a course, I don't know what else.” (@maggysterner.brandcoach)
Choosing Your Trademark Class
Once you’ve decided whether to hire a lawyer, you’ll need to choose your trademark class or classes—this tells the USPTO what you intend to sell using the trademark you’re applying for. There are 45 classes for goods and services, and a good will never be in the same class as a service.
This means listing more than one class on your application for many businesses. For example, a business selling guitars and providing lessons under the same name might need to list class 13 for Musical Instruments and class 41 for Education and Entertainment Services on their application. To answer Maggy’s question above, you’d need to list as many classes under your application that you intend to use the business name for.
The USPTO Trademark Electronic Application System (TEAS) offers two application types: TEAS Standard and TEAS Plus. Generally, you should only choose the TEAS Plus if the classes you’ve included on your application are in the USPTO’s ID Manual, a list of pre-approved classes and descriptions for goods and services. (Syed Law)
Guitars and Music Education are both listed in the ID Manual, so the guitar business in our recent example should probably choose the TEAS Plus application. The TEAS Plus involves more filing requirements and fees up front, but it also results in a faster application process and a higher chance of approval. (The Law Office of Michael E. Kondoudis)
Trademark Symbols:
You might be wondering… “Uh, okay. I applied for my trademark, but I’m still waiting for approval. Does that mean my logo isn’t protected?” No, it does not! The USPTO provides 3 symbols you can use throughout the registration process.
TM
The ™ symbol represents goods. This is the symbol you should use while waiting for a review of an application to obtain federal registration. It indicates that you are claiming rights within the mark and will deter others from using it. The ™ symbol can also provide common law rights to the user.
SM
The ℠ stands for service mark. It is very similar to the ™ symbol except that it represents a service instead of goods. This is also a symbol you should use if you are waiting for your registered trademark application to be approved.
®
The ® symbol can only be used once you have applied and received federal registration from the USPTO. If you try to use this before you have received approval, this is grounds for your application to be denied. This symbol is the highest level of protection that a trademark can get. It allows your customers/clients to know that you are a trusted brand and serves as a warning to anyone looking to infringe on your business.
The Tale of Three Trademarks
TRADEMARK #2
(When I didn’t have to hire a lawyer)
In 2016, not only was I focused on trademarking my Design Powers business word mark, but I was also working a lot with a web design colleague, Tara Claeys. Tara also had her own business, but we wanted to go after web projects as partners, so we created a joint venture called Nice Work. We trademarked the name.
Tara submitted the application and the specimen, which included business cards and a screen grab of the home page on our website. Unlike my convoluted Design Powers trademark tale, the application was accepted immediately. It costs the application fee of $225.
The takeaway is to pay attention to the specimens you submit and make sure they match what you are trademarking exactly…D’oh!
To see the certificate, click on this link.
The Tale of Three Trademarks
TRADEMARK #3
(When we used a lawyer)
In 2015, a friend, Karen Bate and I partnered to build a local women’s entrepreneurial networking group, Awesome Women Entrepreneurs (AWE). We ran it for several years, creating several chapters, doing an on-air live interview show and podcast and holding a yearly summit. While considering what to do next, we decided to trademark our name. Fortunately, within our group, a member was an attorney who helped us apply for a federal trademark.
Services Included:
1-hour legal call to review the partnership agreement
U.S. trademark search + opinion letter (includes a free second search if needed)
Prepare and file one trademark application (includes one class filing fee)
Respond to any USPTO office actions or questions
File statements of use or extension requests (for intent-to-use filings)
Ongoing legal advice and answers about the trademark
Status updates during the process
Deliver the final registration certificate (if successful)
In 2020, after COVID hit, we transitioned the organization to our local Chamber of Commerce, but we held onto the trademark. It just recently came up for renewal, and we decided there wasn’t any point to keeping it live. You can see the trademark certificate here.
We had a lot of specimens we could submit: A website, business cards, our podcast pages, banner stand, and social media pages.
After You Apply: What Happens Next?
The application process as a whole can take anywhere from 6 months to over a year. This will depend on several factors, including which application type you select and the requirements to file your particular application. You may be asked for additional documents or statements, especially if you use the TEAS Standard application.
Suppose the examining attorney at the USPTO finds a significant issue with your application that would prevent your trademark from being published. In that case, they’ll send out a letter (also known as an office action) to inform you of their findings. You then have 3 months to respond to this letter and correct any deficiencies they’ve identified.
Trademark attorneys are invaluable for this kind of situation. They can help you object to the office action and resolve any application problems regarding your trademark’s publication.
Maintaining and Enforcing Your Trademark
The USPTO only reviews trademark applications to approve or deny them. They do not enforce trademark usage—this is your responsibility as the trademark owner. You will need to renew your trademark every 5–10 years, and you should try to keep an eye out for unauthorized use.
If you need help figuring out if you need to take legal action against someone for using something you’ve trademarked, this is another opportunity to speak to an experienced trademark attorney.
Common Mistakes to Avoid
Remember that being thorough from the start of your trademark process can save you time and headaches later. It all starts with the mark (or name) itself—make sure it’s unique, distinguishable from all others, and truly yours.
Conduct a thorough trademark search to make sure, as much as you can, that there’s no way your mark could be confused with someone else’s, then prepare your application with all necessary items and documents.
Trademarking your logo or business name is required for long-term brand protection. By avoiding it or putting it off, you might set yourself up for difficulties later on in maintaining a strong, consistent, and singular brand identity.
If you’re ready to take the next step toward owning a trademark, we encourage you to seek out information about the process—the USPTO’s online resources are a great place to start. Contact a professional designer and/or a trademark attorney if you need help!
