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If you disagree with the final refusal, you may, for an additional fee, appeal the decision to the TTAB. The application process isn't complicated, but to apply for an LLC, you'll have to do some homework first. If there are no further issues with the examining attorney or an opposition, the registration will issue. Follow this guide step-by-step and you can rest assured that your logo will remain as the unique, memorable visual representation of your business for years to come.
The Design Trademark Registration Process
For instance, if a logo — in the opinion of the USPTO — doesn’t clearly represent the type of product it claims to sell or is suggestive of another sort of item altogether, it will reject that application. You’ll want to remember that the USPTO exists to protect the rights of the business owner, but is also concerned about the consumer experience. The applicant has six months from the mailing date of the notice of allowance in which to either file a statement of use (SOU) or file an extension request. More than one extension request may be filed, but a limit exists on the total number of extension requests permitted and the timeframe that they must be submitted within.
Trademark application
You’ve put a lot of effort into designing a logo that perfectly represents your brand to the world. We're a creative branding agency dedicated to helping businesses like yours build and grow strong, memorable brands. Search social media sites to see if anyone is using your proposed mark.
What is a Logo?
This benefit is highly significant for companies and industries that struggle with counterfeit items that copy the original brand logo. For example, fashion brands or technology companies would get to hinder knock-off versions of their products. There are several ways to obtain legal rights of your company logo, but they vary in investment. The easiest and least expensive option in getting rights is to simply start using your logo. However, this is extremely risky because it does not stop other people in another region from taking it.
As the intellectual property owner, you have every right to take legal action against anybody infringing on your creations. Once you create something, it’s officially your intellectual property. You have near-total control over it, meaning you decide what to do with it, who you license it to, what the circumstances of the license are, and how much the license costs.
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How to Trademark a Logo
The process and timeframes remain the same, except that if issues are ultimately resolved and the statement of use is approved, the USPTO issues a registration within approximately two months. Within approximately two months after the SOU is approved, the USPTO issues a registration. To keep the registration "live," the registrant must file specific maintenance documents. Failure to make these required filings will result in cancellation and/or expiration of the registration. If your registration is cancelled or expired, your only option is to file a brand new application and begin the entire process again from the very beginning. The fact that your mark was previously registered does not guarantee registration when you submit a new application.
To continue the application process, the applicant must file a petition to revive the application within two months of the abandonment date. Tailor Brands is not a law firm, and none of the information on this website constitutes or is intended to convey legal advice. All statements, opinions, recommendations, and conclusions are solely the expression of the author and provided on an as-is basis.
Useful links in Trademark Searching
So that logo for the homemade soy candles you sell in your neighborhood can only be enforced in that specific area. Whether you used an automated logo maker, hired a designer, or designed it yourself, you (hopefully) have a logo you love and are ready to show off. Let’s talk about your logo, branding or web development project today! Your logo may have gotten rejected because it contains offensive phrases or visuals. Furthermore, if the logo’s text or imagery is confusing, overwhelming, and incomprehensible— it may be grounds for rejection.
Such rights vest the first time you utilize your logo in a commercial context. For example, the first time you displayed the logo on your website doesn’t qualify, but the moment you sold an item with your logo on it does. If only minor corrections are required, the examining attorney may contact you by telephone or email. However, if there are any issues with the application, the examining attorney will send an office action to the applicant. The applicant must provide a response that corrects any problems listed in the office action, usually within six months.
Corsearch launches new AI-powered Industrial Design Search tool to support a growing trademark industry - Business Wire
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You will need to submit a JPG file of the drawing that preferably has a length and width between 250 pixels and 944 pixels, although that requirement has since been waived by the USPTO. Our Design Patent service includes review, advice and suggestions by a USPTO registered patent attorney or agent, professional drawings, technical illustrations and electronic filing of your application. For an additional fee, you can get a comprehensive patent search.
This may go without saying, but avoid obscenities or crude drawings. This may influence which products we review and write about (and where those products appear on the site), but it in no way affects our recommendations or advice, which are grounded in thousands of hours of research. Our partners cannot pay us to guarantee favorable reviews of their products or services. A statement of use (SOU) must meet minimum filing requirements before an examining attorney fully reviews it.
The placement and location of each object in the mark may not be rearranged in the specimens of use. If there are any issues or deficiencies with the application, the examiner may issue an office action requesting additional information or clarification, or asking you to revise the design. You will have a set period to respond to the office action, usually six months in the United States, or face the possibility of the application being abandoned. But if the infringer keeps using the mark, you can file a lawsuit. If your mark is registered with the USPTO, you can file a lawsuit in federal court. If your mark is unregistered and it’s protected on a state level, it’ll go to the state court.
Look on platforms like Facebook, Twitter and LinkedIn to see if any profiles or pages are active under that name. Nevertheless, you must take the steps necessary to secure your company logo the best way you can, even if it entails a little bit of sacrifice. If you feel like your logo can be much stronger and clearer than it is right now, visit LOGO.com to improve the design with an AI-powered system that can customize it precisely according to your preferences. Minimalist and unique visuals tend to lead to a more successful logo.
Accordingly, Tailor Brands is not responsible for the information and/or its accuracy or completeness. The application will prompt you to describe the goods or services your logo represents. If you fail to do so—or if the logo does not clearly represent the type of product it claims to sell—the USPTO will reject your application. Testimonials from actual business owners sharing their experiences with us. At Inkbot Design, we understand the importance of brand identity in today's competitive marketplace. With our team of experienced designers and marketing professionals, we are dedicated to creating custom solutions that elevate your brand and leave a lasting impression on your target audience.
With over a decade of editorial experience, Rob Watts breaks down complex topics for small businesses that want to grow and succeed. His work has been featured in outlets such as Keypoint Intelligence, FitSmallBusiness and PCMag. 'Inc.' in a company name means the business is incorporated, but what does that entail, exactly? Here's everything you need to know about incorporating your business.
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