How to trademark a logo (and your name at the same time)

A word mark protects the text of your brand in any font, color or styling. A design mark (also called a stylized or composite mark) protects the artwork — the shape, layout and any text as it actually appears in the logo.

Most brands end up filing two applications: one word mark for the name and one design mark for the logo. The word mark is usually the broader and more valuable right, because it stops others from using the name in any visual treatment. The design mark protects the specific look, which matters most when the logo itself is distinctive.

If your budget only allows one application, file the word mark first unless your brand is recognized primarily by its symbol.

Search the federal register for identical, phonetically similar and visually similar marks in your goods and services. A refusal under Section 2(d) — likelihood of confusion with an existing mark — is the single most common reason applications fail, and USPTO filing fees are not refunded when it happens.

Do not stop at exact matches. Examining attorneys weigh how similar the marks sound and look, how related the goods and services are, and how strong the cited registration is. Dead and abandoned records still matter, because they often reveal a prior user with common-law rights.

In Qevatrix, run a screening from Search, pick Comprehensive or Attorney mode, and review the Conflict Score breakdown factor by factor before you commit to the name or the artwork.

A design mark needs a drawing of the logo, submitted as an image file. Use clean artwork with no extraneous matter — no tagline you are not claiming, no drop shadows added for the mock-up, no photo background.

Decide whether to claim color. Filing in black and white leaves the mark open to use in any color scheme, which is usually the more flexible choice. If color is genuinely part of your brand identity, you claim specific colors and describe where each appears — but you are then limited to that scheme.

You also list the literal elements: any words, letters or numbers that appear in the logo, so the mark is searchable by text.

Trademark rights are granted per class of goods or services under the Nice classification, and fees are charged per class. Pick classes that reflect what you actually sell or will sell — not everything you can imagine doing.

Wording matters. Vague descriptions draw an office action; overly narrow descriptions leave gaps a competitor can walk through. Descriptions from the USPTO's Trademark ID Manual are the safest starting point and reduce the risk of a fee surcharge for free-form text.

If you are already selling under the mark, file use in commerce (Section 1(a)) and include a specimen — real-world evidence of the mark on the goods, packaging, or on a website where the goods can be purchased. Mock-ups, invoices alone and internal documents are routinely rejected.

If you are not selling yet, file intent to use (Section 1(b)). You get an earlier priority date, and you later file a Statement of Use with the specimen once you are in commerce, generally within six months of the Notice of Allowance (extendable).

The application is submitted through the USPTO's own portal. Qevatrix assembles the complete package — applicant details, drawing, literal elements, classes, goods and services wording, specimens and fee calculation — and then gives you the exact submission steps. You stay in control of the filing itself.

Save the serial number the moment you file. Every deadline that follows is calculated from your filing date, the examination dates and any Notice of Allowance.

Expect several months before an examining attorney reviews the application. If they raise a refusal or a requirement, you receive an office action and have a set window to respond — currently three months for most applications, extendable once for a fee.

If the application clears, it publishes for opposition. If nobody opposes, you receive a registration (use-based filings) or a Notice of Allowance (intent-to-use filings).

Registration is not the end. You maintain the mark with a Section 8 declaration of continued use between the fifth and sixth year, optional Section 15 incontestability, and Section 9 renewals every ten years. Missing one cancels the registration.

Both can apply, and they protect different things. A trademark protects the logo as an indicator of commercial source: it stops competitors from using confusingly similar branding for related goods and services. Copyright protects the artwork as a creative work, and it does not depend on commercial use.

For brand protection, the trademark is the right that matters — it is what lets you stop another company in your market from trading under your look. A copyright registration can be a useful additional layer for a highly original design, particularly against outright copying of the artwork itself.

One caveat worth knowing: if a freelancer or agency designed the logo, confirm in writing that the copyright was assigned to you. Paying an invoice does not automatically transfer ownership of the artwork.

Qevatrix Trademark OS handles the parts that are easy to get wrong: searching real USPTO records for conflicts and scoring them factor by factor, choosing Nice classes, drafting goods and services wording, uploading your logo drawing and specimens, assembling the filing package, and then tracking every statutory deadline from filing through renewal with automatic USPTO status monitoring.

It is software, not a law firm — you file with the USPTO yourself, and for adversarial matters such as an opposition or a complex refusal we recommend a licensed trademark attorney. See the FAQ for how the search and deadline engines work, or pricing to compare plans.

Official fee schedules, forms and rules are published by the United States Patent and Trademark Office. Always confirm current fees and deadlines against the official record.