How do I Trademark My Logo?

Common Pitfalls and Keys to Success When Trademarking a Logo

Is it really necessary to register a company logo with the United States Patent and Trademark Office (“USPTO”)?  If so, what are the most common pitfalls and what can a business do to ensure a smoother process to registration?  The answers to these questions will differ from case to case, but there are some common pitfalls and keys to success that apply to most cases.

  • Benefits to federal trademark registration:

    • The right to enforce the mark in federal court

    • Public notification of your mark and your rights

    • The legal presumption that you own and have exclusive rights in your mark

    • Easier registration of the same mark in other countries

    • Potential to stop importation of counterfeit or unauthorized goods entering the U.S.

  • Common pitfalls when attempting to register a logo:

    • Generic or descriptive marks are not entitled to protection and cannot be registered

    • Choosing a logo too similar to an existing registration

    • Choosing a mark that is merely ornamental rather than an identifier of the source of the goods or services

    • Failing to properly classify your goods or services in the application

  • Keys to Success – consulting with experienced trademark counsel is the best course of action, to secure assistance with the following keys to success:

    • Ensure mark is neither generic nor descriptive

    • Run a trademark search for similar logos

    • Define your use of the mark accurately and completely

    • Ensure proper and consistent use of the mark necessary to obtain and maintain registration

For more information about securing federal trademark registration of your logo, see our blog post How to Trademark a Logo: Common Pitfalls and Keys to Success.

Klemchuk PLLC is a leading IP law firm based in Dallas, Texas, focusing on litigation, anti-counterfeiting, trademarks, patents, and business law. Our experienced attorneys assist clients in safeguarding innovation and expanding market share through strategic investments in intellectual property.

This article is provided for informational purposes only and does not constitute legal advice. For guidance on specific legal matters under federal, state, or local laws, please consult with our IP Lawyers.

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TrademarksLindsey LeistKlemchuk PLLC