1. What Is a Trademark?
A trademark is a legal protection for brand identifiers such as names, logos, and slogans. Registering a trademark ensures exclusive rights to use these elements in your industry, preventing competitors from copying or exploiting them.
2. Why Trademark a Name and Logo?
- Protects your brand identity
- Prevents others from using similar names or designs
- Builds trust and recognition with customers
- Adds value to your business as an intangible asset
- Provides legal grounds to act against infringement
3. Difference Between Trademarking a Name and a Logo
- Name Trademark: Protects the wording of your business or product name.
- Logo Trademark: Protects the visual design or graphic associated with your brand.
- You can register them separately or together, but filing separately offers stronger protection.
4. Steps to Trademark a Name and Logo
- Conduct a Trademark Search
- Check official databases (e.g., USPTO in the U.S., UKIPO in the UK) to confirm availability.
- Choose Classes of Goods and Services
- Trademarks are registered under specific classes; select those that match your business activities.
- Prepare Your Application
- Provide your name, business details, representation of the name/logo, and chosen classes.
- Submit the Application
- File online with the relevant authority.
- Pay the Fees
- Fees vary by country and number of classes.
- Examination Process
- Authorities review your application for compliance and conflicts.
- Publication Period
- Your trademark is published for opposition; others can challenge it.
- Registration Certificate
- If unopposed, your trademark is officially registered.
5. Costs of Trademarking a Name and Logo
- United States (USPTO): From $250 per class
- United Kingdom (UKIPO): From £170 per class
- European Union (EUIPO): From €850 for one class
Additional fees apply for multiple classes or legal assistance.
6. How Long Does Trademark Protection Last?
A registered trademark typically lasts 10 years and can be renewed indefinitely as long as it remains in use and renewal fees are paid.
7. Common Mistakes to Avoid
- Not checking if a similar trademark already exists
- Registering in the wrong class
- Using descriptive or generic names (harder to trademark)
- Failing to renew on time
- Believing that domain or business name registration equals trademark protection
8. International Trademark Protection
If you plan to operate globally, consider the Madrid Protocol, which allows you to register trademarks in multiple countries through a single application.
9. Enforcing Your Trademark
Trademark owners are responsible for monitoring and enforcing their rights. If someone uses your trademark without permission, you may:
- Send a cease-and-desist letter
- File a complaint with online platforms (e.g., Amazon, social media)
- Pursue legal action for infringement
10. Alternatives if Trademark Is Denied
- Modify your name or logo to be more distinctive
- Choose a different trademark class
- Reapply after making necessary adjustments
Frequently Asked Questions
Can I trademark both a name and logo together?
Yes, but filing them separately offers broader protection.
How long does it take to trademark a name and logo?
It usually takes 6–12 months depending on examination and opposition.
Do I need a lawyer to trademark?
Not required, but legal advice increases approval chances, especially for complex applications.
Can I trademark a name that already exists?
No, unless it’s in a different industry and unlikely to cause confusion.
Does registering a business name protect it like a trademark?
No, business registration only allows you to trade under that name. A trademark provides exclusive legal rights.
Is my trademark valid worldwide?
No, trademarks are territorial. You must apply in each country or through international agreements like the Madrid Protocol.
Conclusion
Learning how to trademark a name and logo is a crucial step in protecting your brand identity. By following the correct process—conducting a search, filing in the right classes, and maintaining renewals—you can secure long-term rights and prevent competitors from using your brand.