How to Trademark a Logo

Logo trademark FAQs

How much does it cost to trademark a logo?

Trademarking a logo costs at least $350 if you file online directly with the USPTO, or $850 if you file on paper. However, most people spend between $1,000-$2,000 total when you include all the necessary steps. Here's what you'll actually pay: The basic government fee is $350 per category of goods or services your logo covers. If you use a service like LegalZoom, you'll pay $899 plus the government fees for help with searching, filing, and handling any problems that come up.

You'll also want to budget for trademark monitoring services (around $199 per year) to watch for people copying your logo. Think of it like buying a car—the sticker price is just the beginning. You also need insurance, registration, and maintenance to actually protect your investment.

What makes a logo eligible for trademark protection?

Your logo must be unique and distinctive to qualify for trademark protection. This means it can't be a basic shape like a plain circle or triangle, and it can't look too similar to logos that already exist. The government looks for logos that have special artistic elements, custom fonts, or unusual color combinations that make them stand out.

For example, a simple red heart wouldn't qualify, but a stylized heart with unique design elements and custom lettering might work. Your logo also can't cause confusion with existing trademarks, so you couldn't use something that looks like Nike's swoosh for a sports company. Before applying, you need to search through government databases and the internet to make sure no one else is already using something similar. This is like checking if a username is available before creating a social media account.

How long does the trademark process take from start to finish?

The entire trademark process takes at least 6–9 months, but it can take over a year if there are complications. This timeline starts from when you submit your application to the USPTO and ends when you receive your official trademark certificate. Here's what happens during that time: First, the government reviews your application for basic requirements (about 3–4 months). Then they publish it for 30 days to let other people object if they think it conflicts with their trademarks. 

If no one objects and everything looks good, they approve your trademark. However, if the government finds problems with your application or someone objects, the process can stretch much longer. It's similar to applying for college: There's a review period, waiting time, and sometimes back-and-forth communication before you get your final answer.

What's the difference between using my logo and actually registering it as a trademark?

Just using your logo in business gives you some basic rights, but registering it as a trademark gives you much stronger protection. When you only use your logo without registering, you get "common law" rights that only protect you in the specific area where you do business. Federal trademark registration protects your logo across the entire United States and gives you the legal power to sue people who copy it.

You can also stop fake products with your logo from being imported into the country. Think of unregistered use like claiming a seat by putting your backpack on it—it works locally, but registered trademark is like having your name officially on a reserved seat that no one else can take. State registration falls in between these two options. It costs $35–$150 and protects your logo within one state, but people in other states could legally use the same logo.

Should I file my trademark application myself or use a service like LegalZoom?

Using a professional service is usually worth the extra cost because more than half of do-it-yourself trademark applications get rejected by the government. While filing yourself only costs the $350 government fee, mistakes can end up costing you much more in the long run. Professional services like LegalZoom charge $899 plus government fees, but they include important services like comprehensive trademark searches, proper application preparation, and help responding to government questions.

They also often guarantee to refile your application for free if it gets rejected due to their error. It's like doing your own taxes versus hiring an accountant—you can save money doing it yourself, but the risk of costly mistakes often makes professional help worth the investment, especially for something as important as protecting your brand.

What happens after my logo trademark is approved?

Once your trademark is approved, you get powerful legal rights but also ongoing responsibilities to maintain your protection. You can now legally stop others from using similar logos, sue for damages if someone infringes, and use the ® symbol with your logo. However, you need to actively monitor for people copying your logo and take action when it happens because the government won't do this for you. Many people use monitoring services that cost around $199 per year to watch for infringement.

You also need to keep using your logo in business and file renewal paperwork every 10 years to keep your trademark active. Think of it like getting a driver's license: Once you pass the test, you have the right to drive, but you need to follow traffic laws, renew periodically, and watch out for problems on the road to keep that privilege.

Can I trademark my logo in color, or should I file it in black and white?

Filing your logo in black and white gives you more flexibility because it protects your logo in any color combination you might want to use later. If you file in specific colors, your trademark only protects those exact colors. When you submit a black and white version, you can use your logo in red, blue, rainbow colors, or any other combination without needing to file new applications. 

However, if you file in specific colors (like red and blue), someone else could potentially use the same logo design in different colors (like green and yellow) without infringing your trademark. It's like buying a white T-shirt that you can dye any color later versus buying a shirt that's already blue; the white one gives you more options. Most trademark attorneys recommend the black and white approach unless color is absolutely essential to what makes your logo unique.