How to Trademark a Logo

A logo is trademarked the same way a name is — through a USPTO application — but the mechanics differ in a few important ways, starting with the fact that you're usually choosing between protecting the words, the design, or both, and that choice changes what you're actually covered for.

Standard character mark vs. design mark

The USPTO distinguishes between two basic types of application:

• Standard character mark — protects the words themselves, in any font, size, style or color. If your logo is primarily a wordmark (your company name stylized), a standard character filing on the text alone is often the broadest and most efficient protection, because it doesn't lock you into one specific typeface or color.
• Design mark (stylized/design) — protects the specific visual presentation: the exact font, layout, icon, color arrangement, or combination of graphic elements as depicted in your drawing. This is what you need if the visual design itself — an icon, a distinctive shape, a specific stylization — is part of what makes your brand recognizable.

Many companies eventually file both: a standard character mark on the name, and a separate design mark on the logo mark (icon plus wordmark, or icon alone), because each protects something the other doesn't.

Which one should you file first?

If your budget only stretches to one filing right now, the standard character mark on your name is usually the higher-priority protection for an early-stage business — most infringement risk comes from someone using a confusingly similar name, not a nearly-identical logo design with a totally different name. If your logo's icon is a standalone brand asset used independently of your name (think of a symbol recognizable without any text), a design mark on that icon becomes more important.

Clear the design, not just the name

Clearance for a logo means checking for conflicting design marks too, not only word conflicts — the USPTO's design search uses its own classification system for visual elements (shapes, symbols, figures) independent of the words search. A generic clearance search on the wordmark alone can miss a conflicting icon or symbol that's visually similar to yours even with different text.

Preparing the drawing for a design mark

For a design mark application, the USPTO requires a clear drawing of the mark exactly as used — no extra elements outside what you're claiming, correct file format and resolution requirements, and (if you're claiming specific colors as part of the mark) a color drawing plus a written color claim. Getting the drawing wrong is a common source of office actions, so review the USPTO's drawing requirements carefully or have an attorney check the file before submission.

Classes still apply to logos

A logo, like a name, is registered in connection with specific goods or services — not as a standalone piece of art. The same Nice classification rules apply: your logo mark needs to be filed under the classes that match what you actually sell.

Filing basis and process are the same as for a name

Once you've decided on standard character vs. design (or both) and cleared conflicts, the rest of the process — choosing a filing basis, paying the per-class fee (roughly $350 under the current USPTO fee schedule), examination, publication for a 30-day opposition window, and registration — follows the same path as any other trademark application. See our full step-by-step guide for the mechanics.

If your logo evolves

A design mark protects the logo as depicted in the drawing at filing. A significant redesign — a new icon, a materially different layout — generally isn't automatically covered by an old registration and may need its own filing. Minor stylistic refinements to an existing mark are usually fine, but when in doubt, get a second opinion before assuming an old registration still covers a new look.