Logo Trademark Registration

It should be said design code searches are difficult. In a typical design mark application it’s not unusual for the USPTO to search ten different codes. You can view the USPTO’s Design Code Search Manual here. Once you’ve determined your logo is unique, you’ll still have to overcome another hurdle; use in commerce. For federal trademark registration, you have to show that you’re already using it in interstate commerce by including it with your product, marketing, or other consumer-facing material. If you have not used it yet, then you can file an intent-to-use application to protect your filing date while giving you time to use the mark.

While these requirements sound straightforward, you’re going to run into some hurdles as you navigate the trademark process.

Common Problems in Logo Trademark Registration

Anyone approaching trademark registration without a lot of experience is going to run into a few common hurdles. Some to consider include:

• Non-comprehensive searches: It’s not easy to navigate TESS for individuals not familiar with the trademarking process. You could overlook important design types or phrases and miss potential conflicts.
• Non-trademark use of logos: We often see prospective clients receive office actions denying their application because the way they’re using the logos on products like apparel is considered “mere ornamentation” as opposed to trademark use. A trademark can be decorative, but it must also serve brand identification purposes.
• Likelihood of confusion denials: These are arguably among the most common denial types. Either you didn’t complete a sufficient search, or you didn’t see a potential conflict between your mark and one that’s already registered. As a result, the USPTO denies your application due to concerns that consumers will mistake your logo for one owned by another company.
• Potential changes: Your business will stay the same for years. Your logo, however, is probably going to be updated several times. You’ll need to keep your registration up to date for these changes to stay protected.
• Product/service classes: There are 45 potential classes you’ll have to review to find the best fit for your business. Your trademark is only protected from use by others in that category, so it’s important to choose the right one.

Overall, there are many pitfalls you should consider as you begin your trademark registration process. Without the right guidance, you stand a risk of expensive, time-consuming denials.