How to Trademark a Logo (2026)

Fact-checked by the LegalGlass editorial team against primary sources · Published Aug 6, 2026 · Last updated Aug 6, 2026

To trademark a logo, you must file an application with the United States Patent and Trademark Office (USPTO). The process involves conducting a thorough search to ensure the logo is unique and registrable, preparing the application with a clear drawing and description, and paying the required filing fees, which are typically $250 or $350 per class of goods or services.

What is a Logo Trademark?

A logo trademark is a distinctive design, symbol, or graphic that identifies and distinguishes the goods or services of one party from those of others. Unlike a name trademark, which protects words, a logo trademark protects the visual representation of a brand. This can include abstract designs, stylized words, or a combination of both. Federal registration of a logo with the USPTO grants the owner exclusive rights to use that logo in connection with the specified goods or services nationwide, providing a legal presumption of ownership and the right to sue for infringement in federal court.

The purpose of a logo trademark is to prevent consumer confusion. When consumers see a particular logo, they should be able to associate it with a specific source of goods or services. This protection is crucial for businesses to build brand recognition and goodwill. Without trademark protection, competitors could use similar logos, potentially misleading customers and diluting the value of your brand.

Steps to Trademark a Logo

The process of trademarking a logo involves several critical steps, from initial design considerations to ongoing maintenance. Each step is designed to ensure your logo meets the legal requirements for registration and provides the strongest possible protection for your brand.

1. Design a Unique and Distinctive Logo

Before beginning the registration process, ensure your logo is inherently distinctive. The USPTO categorizes trademarks based on their distinctiveness, which affects their registrability and the scope of protection. The strongest types of marks are arbitrary (e.g., Apple for computers) or fanciful (e.g., Kodak). Suggestive marks (e.g., Microsoft for software) are also strong. Descriptive marks (e.g., "Sharp" for televisions) are generally not registrable unless they have acquired "secondary meaning" through extensive use. Generic terms (e.g., "Car" for automobiles) cannot be trademarked. Your logo should ideally be unique and not merely descriptive of your goods or services to maximize its chances of registration and protection.

2. Conduct a Comprehensive Trademark Search

This is arguably the most critical step. Before investing time and money in an application, you must determine if your logo is already in use or registered by someone else for similar goods or services. A comprehensive search involves:

• USPTO Trademark Electronic Search System (TESS): Search for both word marks and design marks. For design marks, you'll need to use the Design Search Code Manual to find relevant codes that describe elements of your logo.
• State trademark databases: While federal registration is paramount, state registrations can also pose conflicts.
• Common law uses: Search business directories, domain names, social media, and general internet searches to find unregistered but established uses of similar logos.

A thorough search helps avoid potential infringement issues and increases the likelihood of your application being approved. If a similar logo is found for related goods or services, your application may be refused, or you could face a trademark opposition.

3. Determine Your Goods and Services Classes

The USPTO uses an international classification system to categorize goods and services. You must specify the exact goods and services your logo will be used with and select the corresponding class(es). For example, if your logo is for clothing, you would select Class 25. If it's for online retail services, you might select Class 35. Each class you apply for incurs a separate filing fee. Accurately identifying your classes is crucial, as you cannot expand them later, only narrow them. The USPTO's Acceptable Identification of Goods and Services Manual is an essential resource for this step.

4. Prepare and File Your Application with the USPTO

Applications are filed electronically through the USPTO's Trademark Electronic Application System (TEAS). You will need to provide:

• Applicant information: Your legal name and address (or your business entity's name and address).
• Drawing of the mark: A clear, high-quality image of your logo. This can be a standard character drawing (for word marks) or a stylized/design mark drawing (for logos). If your logo uses specific colors, you may submit a color drawing and describe the colors.
• Description of the mark: A concise written description of the visual elements of your logo. If colors are claimed, describe them and their location.
• Specimen of use (for "in use" applications): If you are already using the logo in commerce, you must provide a specimen showing how the logo is used with your goods or services. For goods, this might be a product label or packaging. For services, it could be an advertisement or website screenshot. If you intend to use the logo but haven't yet, you can file an "intent-to-use" application, but you will need to submit a specimen later.
• Filing fees: Pay the required fees for each class of goods/services. The fees are generally $250 per class for TEAS Plus applications (which have stricter requirements but lower fees) or $350 per class for TEAS Standard applications.

The TEAS Plus application is generally recommended as it is less expensive and guides applicants through the process with more structured questions, reducing common errors. However, it requires using pre-approved descriptions of goods and services.

5. Respond to Office Actions

After filing, a USPTO examining attorney will review your application. They will check for compliance with federal trademark law, including distinctiveness, likelihood of confusion with existing marks, and proper classification. If any issues are found, the examiner will issue an "office action," which is a letter explaining the problems. You will have a limited time (usually six months) to respond to the office action. Common issues include:

• Likelihood of confusion: The examiner believes your logo is too similar to an existing registered mark for related goods/services.
• Descriptiveness: The logo is considered merely descriptive of your goods/services.
• Improper specimen: The submitted specimen does not adequately show use of the logo in commerce.

Responding to office actions often requires legal expertise, as it may involve legal arguments or amendments to your application. Failure to respond adequately or on time can lead to the abandonment of your application.

6. Publication and Opposition Period

If the examining attorney approves your application, your logo will be published in the USPTO's Official Gazette. This opens a 30-day period during which any third party who believes they would be harmed by your registration can file an opposition. Oppositions are formal legal proceedings similar to lawsuits. If no opposition is filed, or if an opposition is resolved in your favor, your logo will proceed to registration.

7. Registration and Maintenance

Once registered, your logo trademark is protected nationwide. However, registration is not permanent. You must file periodic maintenance documents with the USPTO to keep your registration alive. These include:

• Declaration of Use (Section 8): Due between the 5th and 6th year after registration, and again between the 9th and 10th year, and every 10 years thereafter. This filing requires a specimen of current use for each class of goods/services.
• Application for Renewal (Section 9): Due between the 9th and 10th year after registration, and every 10 years thereafter. This is typically filed concurrently with the Section 8 declaration.

Failure to file these documents on time will result in the cancellation of your trademark registration. It is also important to actively monitor for potential infringement of your logo and enforce your rights against unauthorized users.

Benefits of Federal Registration

While common law trademark rights arise automatically from use, federal registration with the USPTO offers significant advantages:

• Nationwide protection: Exclusive right to use the mark throughout the U.S. for the goods/services listed.
• Legal presumption of ownership: A registered mark is presumed valid, owned by the registrant, and that the registrant has the exclusive right to use it. This shifts the burden of proof to an infringer.
• Public notice: Registration puts others on notice of your rights, deterring potential infringers.
• Right to sue in federal court: Allows you to bring an infringement lawsuit in federal court and potentially recover damages, profits, and attorney fees.
• Ability to record with U.S. Customs and Border Protection: Helps prevent the importation of infringing goods.
• Basis for foreign registration: A U.S. registration can be used as a basis to seek registration in other countries.
• Use of the ® symbol: Only federally registered marks can use the ® symbol, indicating official protection. Unregistered marks can use ™ (for goods) or ℠ (for services).

Trademark vs. Copyright vs. Patent for Logos

It's important to understand the distinctions between different types of intellectual property protection:

• Trademark: Protects brand identifiers like logos, names, and slogans used to distinguish goods or services. Its purpose is to prevent consumer confusion about the source of goods/services.
• Copyright: Protects original works of authorship, such as literary, dramatic, musical, and artistic works. The artistic elements of a logo (e.g., a unique drawing or graphic design) can be protected by copyright, preventing others from reproducing or displaying the artwork itself without permission. Copyright arises automatically upon creation, but registration with the U.S. Copyright Office provides additional legal benefits.
• Patent: Protects inventions (utility patents) or ornamental designs (design patents). A design patent could protect the unique ornamental appearance of a logo if it is applied to an article of manufacture, but this is less common for typical brand logos.

For a logo, trademark protection is generally the primary concern for brand identity, while copyright might also apply to its artistic components. These protections are not mutually exclusive; a logo can be both trademarked and copyrighted.

Frequently Asked Questions

What is the cost to trademark a logo?

The filing fee for a logo trademark application with the USPTO is typically $250 or $350 per class of goods or services, depending on the application form used (TEAS Plus or TEAS Standard). These fees do not include potential legal counsel costs.

How long does it take to trademark a logo?

The trademark registration process can take anywhere from 12 to 18 months, or even longer, from initial filing to registration. This timeline can vary significantly based on the complexity of the application, examiner actions, and any oppositions.

Can I trademark a logo myself?

Yes, you can file a trademark application yourself. However, the USPTO recommends consulting with a qualified attorney specializing in trademark law due to the complexities involved in searching, classifying goods/services, and responding to office actions.

What is the difference between a trademark and a copyright for a logo?

A trademark protects brand names, logos, and slogans used to identify goods and services in the marketplace, preventing others from using similar marks. Copyright protects original works of authorship, such as artistic elements of a logo, from unauthorized reproduction or display. While a logo can have both, a trademark protects its use as a brand identifier.

How do I search for existing logo trademarks?

You can search for existing logo trademarks using the USPTO's Trademark Electronic Search System (TESS). This involves searching by design codes, keywords, and other criteria to identify similar marks that might prevent your logo from being registered.

What happens after I file a logo trademark application?

After filing, the USPTO assigns an examining attorney to review your application for compliance with federal law. This includes checking for confusingly similar marks and registrability. You may receive an 'office action' requiring a response to issues raised by the examiner.

Related

• Trademark overview (cluster hub)
• How to trademark a name
• Trademark vs. Copyright
• How to conduct a trademark search
• Trademark monitoring
• Trademark infringement
• Trademark glossary

Sources

1. United States Patent and Trademark Office (USPTO) - What is a Trademark?
2. United States Patent and Trademark Office (USPTO) - Trademark Electronic Application System (TEAS) Plus Form.
3. United States Patent and Trademark Office (USPTO) - Trademark Search (TESS database).
4. United States Patent and Trademark Office (USPTO) - Trademark Filing Fees ($250 TEAS Plus, $350 TEAS Standard).
5. United States Patent and Trademark Office (USPTO) - Trademark Manual of Examining Procedure (TMEP).
6. United States Patent and Trademark Office (USPTO) - The Trademark Registration Process.
7. United States Patent and Trademark Office (USPTO) - Trademark Classes of Goods and Services.
8. United States Patent and Trademark Office (USPTO) - Monitoring Your Trademark.
9. United States Patent and Trademark Office (USPTO) - Keeping Your Registration Alive (Section 8 & 9 filings).
10. United States Patent and Trademark Office (USPTO) - Trademark, Copyright, or Patent?
11. United States Patent and Trademark Office (USPTO) - Design Search Code Manual.
12. United States Patent and Trademark Office (USPTO) - Trademark Status and Document Retrieval (TSDR).
13. Cornell Law School Legal Information Institute (LII) - Trademark.
14. Cornell Law School Legal Information Institute (LII) - Copyright.

LegalGlass provides general information for educational purposes and is not a law firm or a substitute for advice from a licensed attorney or tax professional. Laws, fees, and thresholds change; verify current requirements with the United States Patent and Trademark Office before acting.