How to trademark a name and logo

Everyone · How-to · Updated October 1, 2026 · LearnLife Editorial

What do you need before starting to trademark a name and logo?

Before beginning the trademark process, gather all necessary information and materials to avoid delays. First, have a clear and distinctive name and logo that you use or plan to use in commerce to identify your goods or services. For example, if your business is a bakery called "Sweet Crumbs," your trademark should reflect how you present that name and logo on products, packaging, or advertising. Prepare a detailed description of the goods or services your trademark will cover, like "baked goods" or "restaurant services." Collect examples showing how you currently use the name and logo, such as photos of packaging, labels, or website screenshots. These are called “specimens” and are required for your application.

Next, understand the difference between trademark and copyright protection. Trademark protects brand identifiers such as names and logos used for business purposes, while copyright protects original artistic or literary works. If your logo contains unique artwork, consider registering copyright as well, but trademarking is essential to protect your brand identity. Also, decide if you want to trademark just the word (name), just the logo (design), or both. Having this clarity upfront streamlines the application process.

Finally, be ready to provide your business information, including your legal name and address, and determine the trademark classes your goods or services fall under. Trademark classes are categories that group similar products or services. For example, baked goods fall under Class 30, and restaurant services fall under Class 43. You can find the list of classes on the USPTO website to ensure you select the right ones that fit your business activities.

What are the detailed steps to trademark a name and logo and why is each important?

1. Conduct a Comprehensive Trademark Search Before applying, use the USPTO’s Trademark Electronic Search System (TESS) to find existing marks similar to your name or logo. For example, if you want to trademark "Sweet Crumbs," search for that name and similar spellings in your relevant classes. This reduces the risk of your application being rejected due to confusion with existing trademarks.

1. Choose the Type of Trademark Application Decide whether you want to file a "standard character mark" for just the word, a "design mark" for the logo, or a combined mark. For example, filing a standard character mark for "Sweet Crumbs" protects the name regardless of font or style, while a design mark protects the specific logo you use.

1. Prepare Your Application Collect your business name, a clear image of your logo, a precise description of goods or services, and specimens showing the mark in use. If you have not yet used the mark in commerce, you can file based on intent to use but must submit proof of use later. For example, if you are planning to launch Sweet Crumbs soon, you can file now and submit packaging photos once available.

1. File the Application Online with the USPTO Use the Trademark Electronic Application System (TEAS) to submit your application. Select the application form that fits your needs—TEAS Plus is less expensive but requires strict information upfront, while TEAS Standard has more flexibility but higher fees. Be prepared to pay the filing fee, which varies but is usually around $250 to $350 per class of goods or services.

1. Monitor Your Application and Respond Promptly After submission, a USPTO examining attorney reviews your application. If issues arise, they will issue an Office Action explaining the problems. For example, they may find your mark too similar to another or ask for clarification on your goods and services. You generally have six months to respond. Failing to reply results in abandonment of the application.

1. Track the Publication and Opposition Period If the USPTO approves your application, it will be published in the Official Gazette for 30 days. During this time, third parties can oppose registration if they believe it infringes on their rights. If opposed, you will participate in a legal proceeding before the Trademark Trial and Appeal Board.

1. Receive Your Registration Certificate If no opposition occurs or opposition is resolved in your favor, and you have submitted all necessary proofs, you will receive a registration certificate. This grants you exclusive rights to your trademark nationwide within your classes.

Each step is critical to securing and maintaining your trademark rights. Skipping any step or missing deadlines can lead to loss of protection.

How do you know if your trademark application worked?

You can confirm the progress and success of your trademark application by checking the USPTO’s Trademark Status and Document Retrieval (TSDR) system using your application serial number. This system provides real-time updates on your application's status, such as whether it is under review, awaiting applicant response, published for opposition, or registered.

Once approved, you will receive a formal registration certificate. This document confirms your exclusive rights to use the name and logo for the classes you registered. After registration, you can legally use the ® symbol alongside your trademark, signaling federal protection. For example, you can write "Sweet Crumbs®" on your products and marketing materials.

If you filed based on an intent to use, approval is conditional until you submit a “Statement of Use” showing actual commercial use. This means providing dated examples of how your trademark is used in sales or advertising. Failure to submit this can delay or prevent registration.

If your application is refused or abandoned, you will receive a letter explaining the reasons. Sometimes refusals can be overcome by legal arguments or amending your application. Knowing how to read USPTO communications and timely act is key to success.

What should you do if your trademark application is rejected or opposed?

If the USPTO denies your trademark, it will issue an Office Action detailing the refusal reasons. Common reasons include: likelihood of confusion with an existing trademark, the mark being descriptive or generic, or insufficient description of goods/services.

When you receive an Office Action, respond carefully and promptly, usually within six months. You can:

• Amend your application by clarifying descriptions or disclaiming parts of your mark
• Submit legal arguments explaining why your mark should be registered despite concerns
• Provide additional evidence of distinctiveness or use

If you miss the deadline or fail to respond, the USPTO will abandon your application.

If your application is opposed after publication, you must respond to the opposition complaint through the Trademark Trial and Appeal Board (TTAB). TTAB proceedings resemble a legal dispute and may require formal legal representation. If you cannot afford an attorney, seek help from free or low-cost legal aid organizations.

If the refusal or opposition cannot be resolved, you may consider rebranding your name or logo. It can save time and money compared to prolonged legal battles.

Should you trademark your business name, logo, or both?

Trademarking both your business name and logo offers the strongest protection. Your business name trademark prevents others from using confusingly similar names, protecting your brand identity. The logo trademark protects your unique visual symbol, which customers recognize and associate with your business.

However, some businesses choose to trademark just one depending on costs and priorities. For example, if your logo is very distinctive, like a particular design or stylized text, registering it can protect that unique image. If your name is a coined or invented word, trademarking it alone might suffice.

Keep in mind that trademark protection applies to what you register. If you trademark only the name but not the logo, others could use a confusingly similar design. Registering both deters competitors from copying your entire brand look.

Also, remember trademarks are registered by classes of goods and services. You may need to register your name and logo in multiple classes if you offer varied products or services. For instance, a company selling both apparel and food items might want trademarks in both categories.

See related articles like Should I Trademark My Company Name? A How-To and Why Trademark a Name for more insights on this decision.

How to maintain and protect your trademark after registration?

Trademark registration is not a one-time event. To keep your trademark active, you must use it continuously and file maintenance documents with the USPTO on schedule.

Key maintenance documents include:

• Declaration of Use (Section 8): Filed between the 5th and 6th year after registration to prove ongoing use
• Renewal Application (Section 9): Filed every 10 years to extend the trademark registration

Failing to file these documents on time can lead to expiration or cancellation of your trademark. The USPTO sends reminders, but it is your responsibility to comply.

In addition to paperwork, actively monitor the marketplace for infringing uses by others. Use online searches and industry watch services to find unauthorized use of your name or logo. If you identify infringement, start with a cease-and-desist letter clearly explaining your trademark rights and requesting they stop. If the infringer refuses, consult a trademark attorney to consider legal action.

Maintaining your trademark also means using it properly in commerce. Always display your trademark consistently and use the ® symbol after registration to put others on notice of your rights. Proper use strengthens your legal position in disputes.

How is trademarking different from copyrighting a name and logo?

Trademark and copyright protect different types of intellectual property, and understanding the distinction helps you protect your business assets effectively.

• Trademark protects brand identifiers such as names, logos, slogans, and symbols used in commerce to distinguish your goods or services. It prevents other businesses from using confusingly similar marks in your market area. For example, trademarking "Sweet Crumbs" bakery name prevents others from opening a bakery with the same or confusingly similar name nearby.

• Copyright protects original creative works such as artwork, photographs, literature, music, and sometimes the artistic elements of a logo. Copyright protection exists automatically upon creation and fixation of the work. However, copyright does not protect business names or short phrases.

A logo can be both copyrighted and trademarked: copyright covers the artistic design, while trademark protects its use as a brand identifier. For example, if you design a unique logo incorporating original artwork, copyright protects the art itself, while trademark protects the logo as a symbol of your brand.

Knowing this distinction helps you pursue the right protections. Trademark is essential for safeguarding your brand identity in commerce, while copyright protects creative content. For more details, see How to trademark something and [How to copyright a logo and name].

Frequently asked questions

How long does it take to get a trademark approved?

The process usually takes 8 to 12 months but can be longer if the USPTO issues Office Actions or if third parties oppose your mark. Monitoring your application status helps you stay informed.

Can I trademark a common word as my business name?

Yes, but common words must be used distinctively in commerce and not conflict with existing trademarks. Made-up or unique names typically gain stronger protection.

What if someone else is already using my business name but hasn’t registered it?

You may have limited "common law" rights in the geographic area where you operate, but federal registration gives broader protection nationwide. Filing for registration is advisable.

Does a U.S. trademark protect my brand internationally?

No. A U.S. trademark protects your mark only in the United States. To protect it internationally, you must file in other countries or use international treaties like the Madrid Protocol.

How much does it cost to trademark a name and logo?

USPTO fees generally range from $250 to $350 per class of goods or services. Additional costs may come from attorney fees or monitoring services.

Can I trademark a slogan along with my name and logo?

Yes, slogans that identify and distinguish your goods or services can be trademarked if they are distinctive and used in commerce.