4 Steps to Follow to Trademark Your Business Logo and Name

27 Dec 2024diademitony

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Regardless of what kind of business you are starting, something you have to know is that your business name and logo are the most valuable assets you can have. 


They define your brand’s identity and help you stand out in a competitive market. Protecting these assets through trademark registration is important if you want to secure your intellectual property. 


In this article, we’ll dive deeper into learning more about trademarking your business logo and name successfully. 


Importance of trademarking your business logo and name 

Trademarking your business logo and name offers many benefits that not only protect your brand’s identity and reputation but also allow you to succeed in the long term. Without a registered trademark, this gives competitors the power to copy your brand and eliminate brand distinctiveness: 


  1. Legal protection: Registered trademarks help you eliminate brands copying your business logo or name without authorization and help you maintain control over your brand’s reputation. 
  2. Exclusive rights: Trademarks grant you exclusive rights to use your business logo and name that connect with your product or service. 
  3. Credibility and value: Registered trademarks increase your brand’s credibility in the eyes of investors, partners, and customers. 
  4. Worldwide and nationwide protection: Federally registered trademarks offer you advanced protection when it comes to expanding your business beyond its current market. 


Before starting anything, it’s always important to know what a trademark entails. By registering your trademark, you are gaining the right to use your business logo and name in connection with what you have to offer. 


4 Steps to follow for trademarking your business logo and name 

To successfully trademark your business logo and name, you must follow these four steps that we are going to show you. Remember, the steps are the same, but keep in mind to always apply in the regions or country you are based in as the procedure and fees will differ.  


1. Search for existing trademarks 

It’s always important to search for existing trademarks that might be connected with the business logo and name you are trying to protect. This helps you dodge infringement issues and makes sure you find the right trademark for you. 


When conducting your trademark search, it’s important to initially find out what the trademark covers and which class of goods or services they cover. Depending on which country you live in, you can conduct your search in three ways: 


  1. International: If you want your trademark protected internationally, use the WIPO Global Brand Database
  2. United States: Use the USPTO’s Trademark Electronic Search System (TESS)
  3. Country-specific: If you are living in some other country, you can use databases from local trademark offices. 


Whatever you do, it’s always important to keep a record of the trademarks you find, including their registration status and any other potential conflicts you might face. 


2. Starting and filing your trademark application 

Once you’ve conducted your trademark search and have found out that your logo and business name are available for registration, it’s now time to prepare your trademark application. The first step is to gather all the important information such as owner information, trademark details, goods/services, and use-based applications. 


Moreover, it’s important to provide a clear description of your mark, such as symbols, designs, and phrases. As we mentioned before, it will strongly depend on which area you live in. Here are two important websites to follow when it comes to filing your application online: 


  1. European Union (EU): If you live in the EU, you can file your application on the EUIPO website
  2. United States (US): If you live in the United States, you can file your application through USPTO’s Trademark Electronic Application System (TEAS). 
  3. Other countries: You need to always check up with your local trademark office in your jurisdiction. 


After you’re done with that process, it’s now time to create your account. We mentioned your trademark application, now it’s time to learn how to file it. Depending on which country or region you live in, that’s where you need to start your filing process. After you’ve chosen the area where you are going to file your application, it’s now time to create an account. 


Register your account on your country’s trademark office portal. This account will allow you to save your progress, file applications, and track your status. 


After you’re done with that process, you’ll have to pay the filing fees. The fees will strongly depend on which area you live in. It’s always important to make sure all fields are completed to avoid unnecessary fees. While we can’t give an accurate prediction on fees, we have to say that standard plans will be much more expensive than those with more restrictions. 


After you’re done with your payment, you can submit your application and track it by using your serial or confirmation number. Always use this number to monitor your application status online. 


After everything is accepted and done, you’ll receive a registration certificate which will come to you by email. Therefore, it’s important to regularly check your email for any updates and respond to any actions required. 


3. Take additional actions if necessary 

After you file your application, attorneys will review it to ensure you meet all legal requirements. In case the attorney finds something that might not be in line with the requirements, they’ll ask you questions or encourage you to make corrections. 


Office actions matter a lot, and in order to keep your application moving forward, you’ll need to respond to these actions within six months before the issued date. Your response should provide clear arguments and supporting evidence to overcome any objections. This might involve submitting additional information, refusing similarity claims with other's marks, and amending your application to clarify certain aspects. 


If you encounter any challenges or are unsure how to respond effectively to these issues, seeking guidance from a trademark attorney is important and will maximize your chances of success. If you don’t respond within a certain period of time, your application might be rejected, and you’ll have to start all over, which might not be something you want to happen as it will result in paying additional fees. 


4. Maintain and register your trademark 

If your trademark application meets legal requirements and nobody opposes it in 30 days, this means that you’ll trademark will most likely get accepted and registered. You’ll receive a certification that condemns you have successfully registered your trademark and will grant you exclusive rights to use your business logo and name. 


Always remember that your registration process isn’t finished there, but requires you to always fulfill post-registration requirements as well. After five to six years pass by after registration, you should file a Declaration of Use and Excusable Nonuse under Section 8. This claims that you are still using the trademark and need to submit it to claim that you are still using it. 


Moreover, after every ten years, you need to also file a Combined Declaration of Use or Excusable Nonuse and Application for Renewal. This is somewhat similar to the requirements above but needs to be done every ten years. 


If you don’t comply with these regulations on time, you’ll fail to stay on top of filing deadlines, and your trademark. 


Advantages of business logo and name trademarks 

Registering your trademark has numerous advantages. Let’s take a look at which ones they are: 


  1. Establishes your brand identity: Trademarking your business logo and name plays an important role in your brand identity. Registered trademarks make sure your business logo and name belong to you and prevent other people from using similar marks that might manipulate customers. 
  2. Valuable business assets: Trademarking your business logo and name makes sure that your trademark appreciates over time and grows as your business does. This helps in making your trademark look more attractive to investors or buyers. Securing your trademark means that you aren’t only protecting your business, but also making sure you are complying with legal requirements. 
  3. Legal protection: Trademarking your business logo and name offers legal protection. This protection is important for remaining unique and stopping others from copying you. 


Nevertheless, the whole point here is that trademarks are important for protecting your brand and offering you uniqueness. If you want to surpass boundaries and scale on a global market, it’s always important to trademark your business logo and name to make sure you are following the necessary legal requirements. 


Trademarking your business logo and name ensures long-term success

Trademarking your business logo and name is an important step in safeguarding your brand’s identity and security in the market, especially when it’s in a competitive market. By following these steps, you are making sure the trademark process is completed with confidence and ensures long-term success. 


Remember, a trademark is more than a legal formality, it’s an investment in your brand’s future and keeps you protected in the long term. Therefore, you should always take it into consideration and implement the required steps.