In the world of business, your logo is a crucial part of your brand’s identity. It sets you apart from your competition and conveys your unique ethos to your customers. But, “How can I protect my logo from being copied?” is a frequently asked question by many business owners. This blog post will guide you through the process.

Protecting Your Logo Without a Trademark

Protecting your logo without a trademark can be tricky, but not impossible. By using your logo consistently and extensively, you can establish ‘common law’ rights. If you’ve been using your logo in commerce for a long time, you may have some legal protection under common law. However, this protection is geographically limited to the areas where your logo is known and recognized.

Trademarking a Logo

Trademarking a logo provides the best protection. To do this, you need to file an application with the United States Patent and Trademark Office (USPTO). The USPTO logo trademark process involves using the Trademark Electronic Search System (TESS), a database of every U.S. trademark that has been registered or applied for. After filing, it can take 6 months to a year for your application to be reviewed. If approved, your logo will be protected under trademark law.

The process of trademarking includes 4 steps: application, examination, publication and registration.

Trademarking a Logo and Name

Just like a logo, your business name is also an important part of your brand. To protect both, consider registering them as a combined mark. When filling your trademark application, include your logo and any business slogans. It’s important to note, that the only way to protect your logo is by trademarking it.

Checking Your Logo Before Registration

Before registering your logo, it’s wise to check if it’s already being used. There are various logo copyright checker tools available online that scan databases and the internet to see if your logo or something similar is already in use.

Navigating USPTO Logo Trademark and Copyright

The USPTO is the authority in the U.S. for trademarks and patents. For copyright registration, you’ll need to go through the U.S. Copyright Office. However, the USPTO does offer a trademark search tool, known as TESS. This can help you determine if your logo is already registered.

Here’s a screenshot of what TESS looks like:

You can also use the Trademark Status & Document Retrieval system on the USPTO website to check the status of your trademark application. If you have a patent, the USPTO patent search tool can be used to find details about it.

For those planning to expand their business globally, the USPTO also offers a free trademark search tool that allows you to look up trademarks worldwide.

Conclusion

Protecting your logo from being copied is crucial for your business. Whether you decide to go with or without a trademark or go through the USPTO logo trademark process, it’s important to understand your rights and take action to safeguard your brand. Remember, your logo is more than just a pretty design – it’s a representation of your brand’s identity and value. Protect it wisely!

If you would like to talk more about your logo or even just getting momentum in an area of your business, we may be a good fit for a conversation. Learn what we’re about and contact us if you’re interested.