Should I trademark my new logo?

This is a question that gets asked a lot, as we work with a client to develop a new logo, tagline or even company name -so I thought I would share my advice, because many of you may also be wondering... Should I get a trademark?

With the millions of logo designs across the world, there’s no sure way to know that your logo is completely unique, however there are methods that I consider (and apply as) best practices to decrease your chances of infringing on someone else’s design.

You can use the power of Google to do a reverse image search.

With reverse image search, you can use a picture as your search to find related images from around the web.

To strengthen your results, you can also add a descriptive word like “logo” in the search box. Your results will reveal images that are similar to yours, web results for pages that include matching images, and other sizes of the image you searched for. This is a quick and easy way to get an idea of possible duplicates out there. 

The US Patent and Trademark Office has an online search system that is free to use.

Trademark Electronic Search System (TESS)

TESS provides access to text and images of registered marks, and marks in pending and abandoned applications. This process is more complicated and time-intensive however, as it requires you to search using a design code.

The USPTO assigns all marks containing design figurative elements a 6-digit numerical code(s) for searching purposes. To obtain the correct code, you must reference the design search code manual, which indexes the categories, divisions, and sections that make up these codes.

An example search of the USPTO database:

For our client's logo, I searched Category 26 (Geometric figures and solids) Division 05 (Triangles) and Section 15 (Four or more triangles), resulting in a design code of 26.05.15 - an inquiry that turned up 4,173 records. What’s even more time consuming, is the results are presented in list form. So, rather than browsing through pages of images, you have to click through each individual registration.

What happens after I submit a trademark application?

Once you submit a trademark application, the USPTO will conduct their own search for duplicate or similar marks. Their process takes into account, "Likelihood of confusion" - Are the marks AND the goods and services similar? If your mark is similar to another mark that also delivers the same service, the consumer will likely be confused, and your application may be rejected. Even identical marks can be registered as long the goods and services are not related.

They also consider "Strength of the Mark" - Does the mark easily identify the source of your goods and services? For example, if you wanted to name a bakery “The Bakery” it might be considered too generic and unregisterable because “The Bakery" is composed of common everyday words with no real identifiers to the source of the goods. However “Miss Betty’s South Georgia Bakery” would be considered much stronger and “protectable” or registerable.

I highly recommend taking the time to watch these USPTO videos.

First up is a quick breakdown of Trademarks, Patents & Copyrights. Don't worry, its not boring at all! (those T.Markey shoes though!)

and for guidance on the properties of selecting a strong trademark (also, not boring):

Do I have to trademark my logo to use it?

It’s a good idea to have your logo trademarked, but you don’t have to do it before you launch its use. In the US, common law trademark rights arise on first use within a product or service category or geographic market. In other words, once you start conducting business under your new mark, you can claim ownership of that mark without formally registering it.

Disclaimer:

I am in no way, shape or form, a trademark attorney. This advice is generated solely from my experience and research as a professional designer. It is always good practice to consult an attorney when considering your rights in regards to protecting your brand.