Registering a trademark for a symbols, logo or design is an important part of protecting the value of your work. Find out how to apply for trademark protection, how long it takes, and more.
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by Jane Haskins, Esq.
Jane has written hundreds of articles aimed at educating the public about the legal system, especially the legal aspe...
Updated on: March 2, 2023 · 3 min read
You can obtain trademark protection for a symbol that you use to distinguish your business’s goods or services from those of other businesses. For example, Nike’s “swoosh” symbol is a registered trademark.
To trademark a symbol:
Can your symbol be registered as a trademark?
Trademark protection is only available for symbols that are distinctive enough to set your business apart from other businesses. The more unique your symbol, the greater its trademark protection and the easier it will be to register a trademark.
Therefore, an unusual symbol that you make up will be easiest to register, and a symbol that is nothing more than a common punctuation mark is so generic that it cannot be registered. The less unique your symbol is, the more likely that you will have to show that your symbol has acquired a “secondary meaning,” which means that when people see your symbol, they automatically think of your goods or services.
Registering a trademark for a symbol vs. a logo
Many business logos include a symbol as part of the logo. When you trademark a symbol or logo, your trademark registration only covers the exact image that you submitted with your registration. So, if you submitted your symbol, you have a registered trademark for the symbol—but not for your logo as a whole. If you submitted your logo, you have a trademark for the overall logo, but that may not be sufficient to protect you from unauthorized use of the symbol by itself.
Registering a trademark for a symbol
You can register a trademark for a symbol online using the U.S. Patent and Trademark Office’s Trademark Electronic Application System (TEAS) or other online trademark service.
If you want to register a trademark for a symbol, LegalZoom can help. Simply answer a few questions online and provide a sample of your mark, and we'll conduct a federal direct-hit search of similar trademarks, create your application and file it with the USPTO. Plus, you can get legal advice from an attorney for 30 days as part of the Complete Coverage package.
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