You must file your logo trademark request with the United States Patent and Trademark Office (USPTO). You will provide the requested information, upload your logo, and pay a non-refundable fee of $350.00 for each class of goods and/or services covered in your request. There is no exemption from the use of a U.S. attorney for foreign applicants. A typical review of your request takes 12 to 18 months.
Most prospective clients who want to trademark a logo are also concerned about protecting artwork they have already paid for. Protecting the artwork is the easy part. More often than not, critical decisions must be made before the application is even filed. These decisions include the scope of the protection (i.e., the goods and/or services for which protection is sought), the name of the entity for which protection is sought, and the class in which protection is sought.
Mistakes in logo applications are repeated and avoidable. Some of these errors result in a refiling fee for applicants.
Should you trademark the logo or the brand name first?
Generally speaking, the brand name should be protected first. A trademark for a brand name (i.e., a word mark) provides broader protection than a logo mark. A logo mark is protected only in the form in which it is registered.
A beautiful logo or wordmark in a design should be protected by a word mark. A logo mark should be protected in a separate request when the design is not a wordmark and is easily recognizable.
Most founders file both names and logos in two separate applications. This is a class distinction. It is recommended that names be filed first because, unlike logos, names do not require finalization. The USPTO will not accept material alteration to a design once it has been filed. A design must be finalized before a logo is filed.
Logos are materially altered over time. If a design is altered and a new logo is filed, the previous logo-design combination will no longer be protected.
How to file a trademark for a logo, step by step
- The owner of the logo must file the application. The USPTO will not allow an application to be amended if the wrong entity filed it.
- A search must be conducted to determine whether the mark is being used by others. The USPTO has a search tool to facilitate this. It is important to search for other related marks as well.
- Image requirements for trademark logos are fairly specific. Your image must be 250 pixels on the shortest side and 944 pixels on the longest side, and must be submitted in JPEG format. These requirements result in a fairly large image. In most cases, you’re better off using black and white versions of your images. In general, using color logos will be more limiting than using black-and-white logos.
- Once you’ve submitted your logo, you will need to provide a mark description. The description should simply reflect the design elements of the logo. If the mark description and design do not align, an office action will be issued.
- There are several reasons you may file a trademark. Your reason for filing will affect which section you file under. If your logo is already in commercial use, you will file under Section 1(a). If you are simply seeking a trademark, you will file under Section 1(b). In some cases, Section 44(e) may be useful if you have a trademark in another country. Lastly, if you are seeking a trademark within 6 months of filing a trademark in another country, you may use Section 44(d).
- Once you have determined your reason for filing, you will need to decide what goods and services you will provide. You will need to specify these using the ID Manual. If you wish to describe your goods and services that are outside of the ID Manual, you will be assessed a surcharge.
- If you are filing for a trademark based on use, you will also need to submit a specimen. A specimen is simply a photo of your logo on the product. Digital artwork and designs will not be accepted.
- Lastly, you will need to sign, pay, and file your trademark application. Due to changes by the USPTO, you should expect a slight delay in processing your application.
What does it cost to trademark a logo?
These figures reflect the USPTO fee schedule as of September 2026. Attorney fees are separate and vary by firm.
A coffee bean roaster who sells beans and runs a café will want to protect their business name and two other related names. The base fee for filing is $350 per class. Each additional name quickly increases the total. As a general rule, applicants should only protect the names they need. Names cannot be amended on an already filed application.
All fees are nonrefundable.
How long does a logo trademark take?
The overall process can be broken into smaller processes, with the first taking the longest. The first process takes 6-8 months, on average. This process is known as the “examination process.” The United States Patent and Trademark Office (USPTO) makes the pendency data public. This data is usually presented as an average, so it is important to verify it before quoting a client.
After the first process is completed, the United States Patent and Trademark Office (USPTO) issues an office action, and the applicant has three months to respond, with the option to extend the response period by an additional three months for a fee.
Once the office action process is complete, the mark is published and open to public challenge for 30 days.
Use-based applications are approved and issued within a few months of publication.
Intent-to-use applications are published, and the applicant is granted a three-year window to provide evidence of use. This time can be extended.
What non-U.S. founders need to know
As of August 2019, clients who are not located in the U.S. are required to have a U.S. attorney represent them for all trademark applications. Prior to this, clients could prepare and file trademark applications on their own. The U.S. trademark application requires the applicant to provide a business address. A registered agent address is not a business address.
Many states offer quick and inexpensive trademark registration, with Florida and California being the best known. These registrations are not particularly valuable to a founder who is operating a business that sells products across state lines. For example, registrations recognized by Amazon’s Brand Registry are federal trademark registrations.
Mistakes we see most often
- Filing a mark that includes a tagline. If the tagline is later discontinued, there is an issue as to whether the registered mark and the mark in use are the same.
- Registering a mark in the founder’s name. The entity’s name should be on the registration.
- Filing a registration without including an identification of the goods and services. There is no benefit in doing so.
- Submitting an illustration of how the mark will look to the trademark office. Trademark examiners will not accept illustrations. A photograph or webpage will work.
- Failing to conduct a trademark search. The trademark office will not issue a refund if the search reveals that the mark is likely to be refused registration.
- Thinking that because you filed a trademark, you no longer have to think about it. After the first 5 years, the registration will be canceled if you do not file a declaration stating the mark is still in use.
Start your logo trademark filing
If you own a U.S. LLC and have a logo but are unsure about the filing process, send us an example of the logo, the items and/or services you offer for sale, and the countries where you sell them. EasyFiling will review your information and let you know the best approach, the appropriate categories, the costs associated with the filing, and any other information you may need to make a decision.
FAQs on How to File a Trademark for a Logo
Can I file for a trademark for a logo I designed or bought?
You can file for a trademark for any logo you own the rights to. Usually, if you design the logo yourself, you own it. If you purchase the logo from a designer, you will need to obtain an assignment from the designer to be the owner of the rights.
Do I need to submit a specimen for a logo trademark?
Specimens are required only for trademark applications for services. A specimen for a logo is not required. This only pertains to use-based filings. Applicants who file intent-to-use applications will supply a specimen at a later date.
What is the difference between a logo trademark and a copyright?
A logo trademark safeguards a logo as a mark used to distinguish the goods and/or services of one party from the goods and/or services of other parties. On the other hand, a copyright protects a logo as artwork.
Can the logo trademark be changed?
No, a material change to the logo will not be allowed.
What is the duration of a logo trademark?
It lasts for a period of time if a Section 8 declaration is filed between the fifth and sixth year from the registration, and a new declaration is filed every 10 years.
Is it necessary to have a U.S. address to register a trademark for a logo?
No. However, an applicant who resides outside of the U.S. will be required to retain U.S. legal counsel and must provide his/her/their true and correct domicile address.
βThis content is for informational purposes only and does not constitute legal, tax, or financial advice. For advice specific to your situation, consult a qualified US attorney or CPA.β
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