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Do I need to obtain a trademark for my logo?

Kelly Greene Elrod
June 12, 2019 0 Comment

There is no hard and fast answer when it comes to whether you should obtain a US Trademark for your company’s logo, but there are definitely a few items to consider.

First and foremost is the length of time.  Obtaining a US Trademark is not a quick and easy process.  It will take a minimum of eight months from the time you submit your application…and that is if everything goes perfectly.  Many times the examiner will ask for more documents, descriptions, etc which will extend the wait period additional months.  We advise our clients to expect a year before the process is complete.

Second is the expense.  Even without attorneys fees, a perfect trademark application with only one class will cost a minimum of $400.00.  Unless you are a research wiz, the chances of submitting a perfect application are almost nil, and with every correction comes a fee.  Which leads us to the third item…

Hiring an experienced intellectual property attorney is strongly advised.  Yes, you will spend money on the attorney’s fee, but you will save money on the application itself.  An experienced attorney will know which classes to register and how to properly submit the application, minimizing later corrections.

If you are still interested in pursuing a US Trademark, here are a few questions we ask our clients who are considering the US Trademark process.

1.  Does your company engage in business across the US?  If so, you can put a check mark in the “pro” category.  If you are a small, local business, chances are, you don’t need federal trademark protection.

2.  Do you anticipate changing your company name or logo anytime in the near future?  If so, put a check mark in the “con” category.  A US Trademark is granted on a very specific basis.  If you change your logo, the new logo will not be protected.

3.  Are you trying to create a brand?  If so, place a check mark in the “pro” category.  This is one of the best reasons to spend the time and money on obtaining a US Trademark.

If you are considering whether a US Trademark is right for you or your company, contact us!