How to Protect Your Company’s Logo Design and Brand
by Cono Fusco
A good logo will summarize a company's beliefs, culture, and quality, without the need for any further explanation. The colors, the fonts, the unique graphical aspects of each logo, are a testament to the brand they represent. That's why the most reputable businesses hire a professional logo design firm: a commitment to quality products is only as good as a logo that communicates that level of dedication.
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However, a well-respected brand with a successful logo can also find itself being copied, mimicked, and knocked off by lesser products. These knockoffs replicate the company's logo, and even its products, without permission. It can lead to real profitability problems for the targeted company, as well as perceptions of poor quality by unsuspecting consumers who buy a knock-off brand emblazoned with your company's respected logo.
The way to prevent this from happening is to trademark you company's logo and brand. It's actually as easy as adding the famous "TM" symbol behind your company's mark. The United States government requires no registration of the trademark for it to be valid when placed behind a logo or other branding. However, there are distinct benefits to registering your trademark with the federal government -- namely, the ability to sue when your rights have been infringed by a copycat.
The process is relatively straightforward and goes through the United States Patent and Trademark Office. It's a series of easy steps that will result in greater brand integrity for your business, as well as the longevity of your company's professionally designed logo and branding initiatives.
1. First, evaluate your logo and any other symbols or words which identify your company and its brand. You'll want to apply for a registered trademark for all of these things, but only the ones which specifically identify your company. Anything else will not be accepted by the USPTO.
2. Once you have gathered all of the marks which brand your company, it's time to check into how many of them -- if any -- have already been registered with the office. Even though they may be unique, certain words or phrases that you use might in fact be registered with another company. This can be accomplished by searching the Trademark Electronic Search System (or 'TESS' when abbreviated). You will also need to look through the Design Search Code Manual for codes which identify the design cues of each element in your logos design (such as words or letters which come together to form certain shapes).
3. Consider whether or not you will require an attorney for the rest of the process. If you've found that parts of your logo or branding marks have already been registered, or if you have several things you wish to register at the same time, it may be wise to hire legal counsel. But it's important to be aware that the US Patent and Trade Office will communicate with your lawyer -- instead of you -- throughout the process if you make this decision.
4. You will now be able to fill out the actual trademark application online using the Trademark Electronic Application System. This is the preferred way of applying for a registered trademark, although you can optionally call the US Patent and Trademark Organization and complete the filing process that way (using a paper application) if you wish to do so.
5. After your application has been submitted, you will receive an email receipt that confirms the receipt of your application and gives you a serial number tied to your trademark. This receipt should arrive almost instantly after filing the trademark application online, but can take 7 to 10 business days for those who submit a paper application to the USPTO.
6. Following successful submission of the application, a long waiting period will ensue -- at least three months, and sometimes as much as six. You can monitor the status of your registered trademark online using the USPTO's trademark application progress monitor. Other than that, however, the process is essentially complete.
7. One thing to keep in mind is that parts of your professionally designed logo or branding marks may already be registered, and this will delay your application's completion with the US Patent and Trademark Office. If this is the case, it's a good idea to seek the aid of an attorney (if you did not do so earlier in the process) and prepare for a waiting period that could last for several years as the legal details are worked out.
8. Either way, you will receive a response to your application. This may happen in months or years, but it will fully inform you as to the success or failure of the application, as well as the rights you are entitled to as a registered trademark holder (if applicable).
Final Thoughts
Applying for a trademark is absolutely essential for companies that have a unique logo and need to maintain the integrity and high quality of their marks. A professional logo design is only as good as the protections which keep it usable and respectable, and that means an application should be sent to the US Patent and Trademark Office as soon as possible after receiving your company's professionally designed logo and branding marks.
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