How Do I Trademark a Logo? Own Your Look

You've spent weeks refining your logo. It's perfect: memorable, distinct, and ready to represent your brand. Now you're wondering... how do I actually protect this thing?

The trademark process can feel unnecessarily opaque, and most business owners aren't sure where to start. This guide walks you through everything: from understanding what trademark protection actually does, to filing your application, to deciding whether it's worth doing for your business.

1. What Does It Mean to Trademark a Logo? Why "Patent a Logo" Is the Wrong Term

Let's clear up the most common confusion first.

Trademarks, copyrights, and patents are three different types of intellectual property:

• Copyright protects the artistic expression of your logo design. The moment your designer creates the logo file, it's automatically copyrighted. Copyright stops people from literally copying your design file.

• Trademark protects your logo as a brand identifier. It stops competitors in your industry from using a confusingly similar logo that would mislead customers about who made a product or service.

• Patent protects inventions and functional processes. You cannot patent a logo—ever. (If someone told you to "patent your logo," they meant trademark.)

Here's the key difference: Copyright protects the artwork itself. Trademark protects what that artwork means to consumers, your brand's reputation and identity in the marketplace.

» To learn more, visit What are the Types of Intellectual Property Rights?

Why This Matters

Imagine you run a coffee company called "Sunrise Roasters" with a sun logo. Copyright means no one can steal your exact logo file. But without a trademark, another coffee company could create a different sun logo and call themselves "Sunrise Coffee Co." and there's nothing copyright law could do about it.

Trademark law exists to prevent customer confusion. It protects your brand identity, not just the design.

Bottom line: Trademark protects your logo as a source identifier in commerce. Copyright protects the design file. They work together, but serve different purposes.

2. Do You Actually Need to Trademark Your Logo?

This is the question founders agonize over: "Is it even worth trademarking in year 1 of a business?"

The honest answer: it depends on your risk tolerance and business model.

When You Probably Need to Trademark Early

• You're building a consumer brand where visual identity is everything (fashion, food, retail, lifestyle products)
• You're raising investment capital, investors want to see protected IP
• Your industry is crowded with competitors using similar imagery or names
• You're launching in multiple markets simultaneously and want protection everywhere
• Rebranding would be catastrophic, if you've already printed packaging, built signage, or invested heavily in brand awareness

When You Might Wait

• You're pre-revenue and bootstrapping with limited capital
• You're still testing product-market fit and might pivot
• Your logo isn't your primary brand asset (B2B software companies often care more about their name than logo design)
• You operate in a very niche market with few competitors

The Real Risk of Waiting

In first-to-file countries, filing first is what grants rights, so delaying can let someone else lock you out.

In first-to-use countries, you can lean on prior use, but enforcing without a registration is slower, costlier, and less predictable.

The practical takeaway: prioritize first-to-file markets and still aim to register in first-to-use jurisdictions for cleaner enforcement and a presumption of ownership.

For a deeper dive (with examples and edge cases), read Do I have to register my trademark?

3. Is Your Logo Actually Registrable?

Not every logo can be trademarked. Trademark offices reject applications all the time—and many first-time filers don't expect this.

Your logo needs to be distinctive enough to function as a brand identifier. Here's how trademark offices evaluate distinctiveness:

The Spectrum of Distinctiveness with Examples:

1. Generic: Cannot be trademarked

• A literal picture of your product (a photo of an apple for an apple orchard)
• Common industry symbols with no unique design (a basic house silhouette for a realtor)

2. Descriptive: Very difficult to register

• Directly describes what you sell (a bread loaf logo for a bakery)
• Geographic terms ("California" for California-based anything)
• You'd need to prove "acquired distinctiveness"—that consumers already associate it with your brand specifically

3. Suggestive: Registrable

• Hints at your product but requires imagination (Greyhound's running dog suggests speed)
• Abstract symbols that evoke qualities (Netflix's "N" suggests entertainment/streaming)

4. Arbitrary: Strong and registrable

• Common symbols used in unrelated contexts (Apple's apple for computers)
• Familiar imagery that has no connection to your product

5. Fanciful: Strongest protection

• Completely invented designs (Nike swoosh, Twitter bird before it was famous)
• Unique, original imagery created specifically as a brand mark

Common Obstacles to Logo Registration

"My logo has a common symbol, could my application be blocked if other brands use something similar?"

This is one of the most common concerns. The answer: it depends on distinctiveness and your industry.

Trademark offices don't reject logos just because they contain common elements like stars, circles, or suns. What matters is:

1. Is your overall design distinctive? A star combined with unique typography, colors, and styling creates a distinct overall impression
2. Are you in the same business category? Two coffee companies with star logos = problem. A coffee company and a law firm with star logos = usually fine
3. Likelihood of confusion: would customers mistake one brand for another?

Example: Starbucks and Macy's both use stars. No conflict, completely different industries and visual treatments.

What Logos Cannot Be Registered

• Purely functional designs (if your logo is the product design itself)
• Offensive or immoral imagery (specific definitions vary by country)
• Government symbols (flags, official seals)
• Names or likenesses of living people without consent
• Deceptively similar to existing registered marks in your industry
• Primarily just a surname (unless it's acquired distinctiveness—think "McDonald's")
• Generic shapes or single colors alone (but colors as part of a unique design are fine)

Real-World Examples

• Accepted: Apple's apple (arbitrary for tech), Target's bullseye (fanciful treatment), Starbucks' siren (fanciful)

• Rejected: A law firm tried to trademark "Lady Justice" holding scales (too generic for legal services), a bakery's realistic bread loaf (descriptive)

Bottom line: If your logo is unique enough that customers would recognize it as yours, and it's not purely descriptive, you're probably fine. When in doubt, search existing trademarks first.

4. Word Mark vs. Logo Mark: Which Should You File First?

Here's a strategic question many founders get wrong: Should I trademark just my name, or the logo design, or both?

The short answer: If you can only afford one, file for the word mark (your business name) first. Here's why.

Understanding the Difference:

Word Mark (Standard Character Mark)

• Protects your business name or slogan in any font, color, or styling
• Example: Registering "SUNRISE COFFEE" as text
• Covers the name regardless of how you display it visually

Logo Mark (Design Mark)

• Protects the specific visual design of your logo
• Includes the exact font, styling, imagery, colors, and layout
• If you redesign your logo, the old trademark doesn't protect the new version

Why Word Marks are Usually More Valuable:

A word mark is broader protection. Once registered, you can:

• Change fonts and colors without filing a new application
• Create variations for different campaigns
• Prevent others from using your name in any visual style

A logo mark is narrower—it only protects that exact design. If you evolve your logo (which many brands do), you'll need to file again.

When to File Both:

If your logo includes distinctive visual elements that are core to your brand identity—file both.

Examples where both make sense:

• Nike: Registered both "NIKE" (word) and the swoosh (design)
• Apple: Registered both "APPLE" (word) and the apple icon (design)
• Starbucks: Registered "STARBUCKS COFFEE" (word) and the siren logo (design)

These brands want protection at every level—the name and the distinctive visual mark.

Strategic Filing Order:

Scenario 1: Limited budget → File the word mark. Use the logo freely with ™ symbol. Add logo mark later when revenue allows.

Scenario 2: Logo is your primary brand asset → File logo mark first, especially if your name is descriptive or generic (think: "Best Plumbing" with a unique pipe character logo)

Scenario 3: You're building a major brand → File both simultaneously if possible. Register any slogans too.

What about Combined Marks?

You can file a trademark that includes both your name and design elements together (called a composite mark). But this has downsides:

• You're locked into that exact combination
• Changing font or layout means the registration doesn't apply
• You get less flexibility than filing them separately

Most attorneys recommend filing word and logo separately for maximum protection and flexibility.

One founder on Reddit asked: "Should I trademark just the name or also the logo design?"
Experienced answer: "Word mark first if you have to choose. It's broader. Add the logo later."

5. Search Like a Pro: How to Check for Conflicts Before You File

Before you spend a dollar on filing fees, do this: Search existing trademarks to see if someone else is already using something similar in your industry.

This step is critical. Many founders skip it, file their application, and then get rejected—or worse, they get a cease-and-desist letter after building their entire brand.

Why searching matters:

Trademark offices will reject your application if there's a confusingly similar mark already registered in your class. And even if you slip through registration, the existing trademark owner can sue you for infringement.

Real scenario: You file for a coffee brand with a sun logo. Six months later, you get an office action (rejection) because there's already a "Sunny Days Coffee" with a sunrise logo registered in your country. Now you've wasted filing fees and time.

Where to Search (by Country):

United States:

• USPTO TESS Database: https://tmsearch.uspto.gov/
• Free, official government database
• Search for both text and design elements

United Kingdom:

• UK IPO Search: https://www.gov.uk/search-for-trademark
• Covers UK-registered marks
• Also check EU database if you're targeting Europe

Canada:

• CIPO Trademark Database: https://ised-isde.canada.ca/cipo/
• Canadian Intellectual Property Office search

Australia:

• IP Australia Search: https://search.ipaustralia.gov.au/trademarks/search/quick
• Australian registered and pending marks

New Zealand:

• IPONZ Register: https://www.iponz.govt.nz/
• Intellectual Property Office of New Zealand

International:

• WIPO Global Brand Database: https://www3.wipo.int/branddb/
• Search marks registered via Madrid Protocol (international system)
• Covers 130+ countries

How to Search Effectively

1. Exact & close text: exact name, spacing/wording variants, plurals, abbreviations.
2. Phonetics & look-alikes: “Sunrise / Sunrize / Sonrise,” letter swaps, homophones.
3. Design elements: search by design codes (stars, suns, animals, shapes).
4. Filter by class: focus on your goods/services and related classes.
5. Scan visually: don’t just read names; compare layouts, icons, and overall impression.

What to Look For

• Red flags (likely conflict): near-identical name + similar logo in your class, famous marks, or crowded motifs with similar styling.
• Yellow flags (maybe fixable): similar mark in a related class, shared generic elements you can disclaim or redesign.
• Green light: no close matches in your class; shared common shapes but with clearly different overall look.

Want the step-by-step with examples, tools, and FAQs? Read the full guide: How can you find out if something is trademarked?

When to Hire a Professional Search

DIY searches are good for obvious conflicts. But if you're investing heavily in your brand, consider a professional trademark search.

Attorneys use specialized databases that catch:

• Common-law trademarks (unregistered but still protected through use)
• State-level registrations
• Domain names and business registrations
• Pending applications that don't show up in standard searches yet

Avoid this common beginner mistake:

"I googled my business name and found nothing... I'm good, right?"

No. Google shows websites, not trademark registrations. You must search official trademark databases. Many registered marks don't even have websites yet.

6. Step-by-Step: How to Register a Logo Trademark

Now for the main event: actually filing your trademark application.

The good news? You can absolutely do this yourself without a lawyer, especially in countries with user-friendly online systems. The bad news? One mistake can delay your registration by months or get your application rejected.

6.1. Choose Your Goods & Services Classes

This is where most beginners get confused. You don't just "trademark a logo", you trademark it for specific categories of goods or services.

Trademark protection is class-specific. There are 45 international classes:

• Classes 1-34: Physical goods (products)
• Classes 35-45: Services

Why classes matter:

Remember how we said two companies can sometimes use the same name/logo if they're in different industries? This is why. Trademark rights only apply within the classes you register.

Example:

• Apple Corps (The Beatles' company) = Class 41 (Music)
• Apple Inc. (Tech company) = Class 9 (Electronics)
• Same name, no conflict—different industries

If you're a coffee roaster (Class 30: Coffee products), your trademark won't stop a software company from using a similar logo (Class 9 or 42).

How to Choose Your Classes:

Step 1: Go to your country's trademark office class descriptions:

• USA: USPTO's ID Manual (https://idm-tmng.uspto.gov/)
• UK/EU: EUIPO ClassHeads
• Australia: IP Australia class search

Step 2: Think about what you actually sell or offer:

Physical products → Classes 1-34

• Class 25: Clothing, footwear
• Class 30: Coffee, tea, baked goods
• Class 9: Computer software, electronics
• Class 18: Leather goods, bags
• Class 21: Household utensils, drinkware

Services → Classes 35-45

• Class 35: Retail services, advertising
• Class 41: Entertainment, education
• Class 42: Software development, tech services
• Class 43: Restaurant services, catering
• Class 44: Medical services, beauty salons

Step 3: Be as broad as reasonably possible within your industry

For example, if you sell coffee beans and also plan to open cafes, register:

• Class 30 (coffee products)
• Class 43 (café services)

Don't just pick Class 30 and hope it covers everything.

Cost Consideration

Most countries charge per class. More classes = higher fees.

This is why budget-conscious founders prioritize their core business first, then add classes later as the business grows.

6.2. Prepare Your Logo for Filing (Formats, Colors, Disclaimers)

Before you hit "submit," make sure your logo file meets technical requirements.

File Format Requirements

Make sure to check the exact requirements with the trademark office first. Most of them accept:

• JPEG (most common)
• PNG (if your logo has transparency)
• TIFF (higher quality)

USPTO specifically:

• Maximum 5 MB file size
• At least 250 pixels per side, no more than 944 pixels
• 300 DPI recommended for print quality

UKIPO, CIPO, IP Australia:

• Similar requirements; check current specs on their sites
• Most accept JPEGs under 2-5 MB

Color vs. Black-and-white

This is a strategic choice:

Option 1: File in color

• Protects your logo in those specific colors only
• If you change colors later, your trademark may not apply

Option 2: File in black-and-white (or grayscale)

• Protects your logo in any color combination
• More flexible if you experiment with colors for campaigns

Which should you choose?

• If color is critical to your brand identity (think: Tiffany blue, Coca-Cola red) → file in color
• If you might change colors or use variations → file in black-and-white

You can always file multiple versions later if needed.

Design Description

You'll be asked to describe your logo in words. Be accurate:

• Bad: "A logo with a sun"
• Good: "The mark consists of a stylized sun with eight rays above the word SUNRISE in bold sans-serif lettering"

This description becomes part of your official registration and helps clarify what's protected.

Disclaimers (When Required)

If your logo contains descriptive or generic wording, the trademark office may require a disclaimer—meaning you're not claiming exclusive rights to that word, only to the overall design.

Example: You trademark a logo that says "Fresh Coffee" with a coffee cup icon.

Disclaimer: "No claim is made to the exclusive right to use 'Fresh Coffee' apart from the mark as shown."

This means:

• You can't stop others from using the phrase "fresh coffee" in general
• You can stop others from using your specific logo design that includes those words

Most modern trademark systems will tell you if a disclaimer is needed during the application process.

6.3. How to Submit/Apply for a Logo Trademark

Let's walk through the actual filing process.

Universal overview (applies almost everywhere):

1. Create an account with the IP office
2. Choose mark type (word vs design)
3. Upload artwork (meet image specs)
4. Select Nice classes and draft/choose your identifications
5. Choose filing basis (e.g., use vs intent to use, where available)
6. Pay fees
7. Docket deadlines (examination, publication/opposition, registration, maintenance).

United States (USPTO) Example

Filing system: TEAS (Trademark Electronic Application System)
Cost: $250-$350 per class
URL: https://www.uspto.gov/trademarks/apply

Step-by-step:

1. Create a USPTO account at uspto.gov
2. Choose your filing option:
   • TEAS Plus ($250/class): Cheapest, but requires you to use pre-approved descriptions from USPTO's ID Manual
   • TEAS Standard ($350/class): More flexibility in how you describe goods/services
3. Enter applicant information (you or your business entity)
4. Specify the mark type:
   • "Standard Characters" for word mark
   • "Special Form" for logo/design mark
5. Upload your logo (JPEG, under 5MB, at least 250px per side)
6. Describe the mark (what it looks like in words)
7. Enter your goods/services and select classes
8. Specify "basis" for filing:
   • 1(a) - Use in Commerce: You're already using the logo in business
     • You'll need to submit proof: photos of logo on products, packaging, or marketing materials
     • Provide date of first use anywhere, and date of first use in interstate commerce
   • 1(b) - Intent to Use: You plan to use it but haven't launched yet
     • File now, submit proof of use later (within 6 months of approval, extendable)
     • Costs an extra $100 per class when you file proof later
9. Review and pay

Timeline: 6-12 months if no issues; 12-18+ months if office actions (objections) are raised

After filing: You'll get a serial number immediately. Monitor your application at uspto.gov every few months.

Where Can I Trademark My Logo in Other Countries?

For most other countries:

• European Union: File with EUIPO (covers all 27 EU member states with one application)
• International (Madrid Protocol): See Section 9 below for filing in multiple countries at once
• Individual countries: Check their national IP office websites, here are some of the most frequently searched:
  • United Kingdom (UKIPO): https://www.gov.uk/how-to-register-a-trade-mark
  • Canada (CIPO): https://ised-isde.canada.ca/cipo/
  • Australia (IP Australia): https://www.ipaustralia.gov.au/trade-marks
  • New Zealand (IPONZ): https://www.iponz.govt.nz/

6.4. Monitor Your Application and Respond to Office Actions

After you file, here's what happens:

Stage 1: Filing receipt (immediate)

• You get a serial/application number
• Your application enters the queue

Stage 2: Examination (3-6 months)

• A trademark examiner reviews your application
• They check for conflicts, compliance with rules, and distinctiveness

Possible outcomes:

Approved straight through

• Rare, but happens if everything is perfect
• Proceeds to publication (see Stage 3)

Office Action issued (very common—60%+ of applications)

• Examiner found an issue and wants clarification or changes
• You have 6 months to respond (in most countries)
• Missing this deadline = your application is abandoned

Rejected

• Examiner found a fatal issue (confusingly similar existing mark, too generic, etc.)
• You can appeal, but this gets expensive

What's an Office Action?

An Office Action is an official letter explaining why your application has issues. Common reasons:

1. Likelihood of confusion "Your logo is too similar to Registration No. XXXXXX"

• How to respond: Argue why they're different (design, industry, customer base) or amend your application to narrow the scope

2. Merely descriptive "Your logo just describes your product"

• How to respond: Argue it's suggestive, not descriptive, or claim acquired distinctiveness (if you've been using it for 5+ years and consumers recognize it)

3. Disclaimer required "You must disclaim rights to the wording 'Coffee' in your logo"

• How to respond: Accept the disclaimer and clarify you're only protecting the overall design

4. Unacceptable specimen (if filing based on use) "Your proof of use photo doesn't show the mark actually being used in commerce"

• How to respond: Submit better photos—packaging, website screenshots showing products for sale, ads, etc.

5. Incorrect class or description "Your goods/services description is too vague"

• How to respond: Amend to be more specific (e.g., "clothing" → "t-shirts, hoodies, and hats")

How to respond to an Office Action:

Don't panic. Most office actions are fixable.

Option 1: Respond yourself

• Read the examiner's objections carefully
• Draft a written response addressing each point
• Submit through the online system before the 6-month deadline

Option 2: Hire an attorney

• If the objection is complex (likelihood of confusion, descriptiveness argument), a trademark attorney knows what examiners want to hear
• Typical cost: $500-$2,000 depending on complexity

Tip: Office actions are a normal part of the process and don’t mean your application will fail. Many involve minor procedural issues that are straightforward to address.

Stage 3: Publication (after approval)

Once your application is approved:

• It's published in the official gazette (public notice)
• Third parties have 30 days to oppose your registration (rare, but happens if someone thinks you're infringing their mark)

If no one opposes → your registration proceeds.

Stage 4: Registration

• If filed based on use (1a): You're registered immediately after publication
• If filed based on intent (1b): You must now submit proof of use (Statement of Use) showing you're actually using the logo in commerce
  • You have 6 months to do this, extendable up to 3 years
  • Costs $100 per class to file Statement of Use (USPTO)

Once registered:

• You receive your registration certificate
• You can now use the ® symbol
• Your mark is protected for 10 years (renewable indefinitely)

7. How Much Does It Cost to Trademark a Logo?

Let's talk money. Logo trademark costs vary widely depending on country, complexity, and whether you hire help.

Disclaimer: The fees below are approximate and for general guidance only. Government fees change, differ by form and filing route, and may include surcharges or discounts. Always confirm the current schedule with your country’s IP office before filing.

Government Filing Dees per Class

Note: These are base fees and can change. Additional charges apply if:

• You file in multiple classes (+$50-$350 per class depending on country)
• You file "intent to use" and later submit proof (USA: +$100/class)
• You need to extend deadlines or file corrections

Is It Worth Trademarking a Logo?

Here's how to think about ROI:

Cost of trademarking: $500-$5,000
Cost of rebranding if you get a C&D later: $20,000-$500,000+

Rebranding means:

• New logo design
• New packaging/labels
• New website
• New marketing materials
• New signage
• Lost brand equity and customer recognition

Bottom line: If you're building a real brand and not a side project, trademark protection is one of the best investments you'll make.

8. Country-Specific Filing Guides: Key Differences

While the general process is similar everywhere, each country has quirks. Here's what you need to know.

8.1. How to Trademark a Logo in the USA

System: USPTO (United States Patent and Trademark Office)
Protection scope: Federal (all 50 states)
Legal basis: "First to use" + registration

Key differences:

1. Use-based system

   • In the US, trademark rights come from use in commerce, not just registration
   • You can file based on actual use (1a) or intent to use (1b)
   • This means: Someone using a mark since 2020 has stronger rights than someone who filed in 2024 but never used it

2. Specimens required

   • If filing based on use, you must submit proof your logo appears on products or marketing
   • Acceptable specimens: product photos, packaging, website screenshots showing goods for sale, ads
   • Not acceptable: Mockups, business cards, social media posts that don't show commerce

3. State vs. Federal

   • You can file a state-level trademark (cheaper, faster) but it only protects you in that one state
   • Federal registration protects you nationwide and is necessary if you sell online or across state lines
   • Most businesses should file federal

4. Section 8 & 9 renewals

   • Years 5-6: File Declaration of Use + Renewal ($225-$525 per class)
   • Every 10 years after: Renewal ($225-$525 per class)
   • Miss these deadlines = your trademark is canceled

Pro tip: Use TEAS Plus ($250) if possible. You'll save $100 per class by using USPTO's pre-approved goods/services descriptions.

Common mistake: Startups file "intent to use" and forget to convert it to active use later—resulting in abandoned applications.

8.2. Trademarking a Logo in the UK

System: UKIPO (UK Intellectual Property Office)
Protection scope: United Kingdom only (England, Scotland, Wales, Northern Ireland)
Legal basis: "First to file" system

Key differences:

1. Brexit impact

   • A UK trademark no longer covers EU countries
   • For EU protection, file separately with EUIPO (covers all 27 EU states)

2. Fast-track option

   • UKIPO offers a fast-track service if you use pre-approved terms for goods/services
   • Can reduce processing to 2-3 months

3. Opposition period

   • After approval, your mark is published for 2 months (longer than US's 30 days)
   • Anyone can oppose during this time

4. Renewal

   • Every 10 years (£200 for 1 class, +£50 each additional)

Where to file:

• Online at gov.uk/how-to-register-a-trade-mark
• Must have a UK address or use a representative if outside UK

Pro tip: If you sell in both UK and EU, file both UK (UKIPO) and EU (EUIPO) trademarks—they're separate now.

8.3. Logo Registration in Canada

System: CIPO (Canadian Intellectual Property Office)
Protection scope: All Canadian provinces and territories
Legal basis: "First to file" (changed in 2019)

Key differences:

1. First-to-file system

   • Canada switched from "first to use" to "first to file" in 2019
   • This means: File early, even if you're not using the mark yet—someone else could register first

2. Declaration of Use required

   • When you file, you declare whether you're using the mark or intend to use it
   • If "intent," you must file Declaration of Use later to finalize registration

3. Strict goods/services descriptions

   • CIPO is very particular about vague language
   • Be specific: "Coffee beans" instead of "food products"

4. Renewal

   • Every 10 years (no mid-term renewal like USA)
   • Fee: CAD $400 per renewal

Where to file:

• Online at ised-isde.canada.ca/cipo

Pro tip: CIPO examiners are thorough—expect longer processing times (12-18 months) and detailed office actions.

8.4. Logo Registration in Australia

System: IP Australia
Protection scope: All Australian states and territories
Legal basis: "First to file"

Key differences:

1. User-friendly system

   • IP Australia has one of the best online systems—clear guidance, helpful tools
   • Their website has video tutorials and step-by-step instructions

2. Examination standards

   • Generally less strict than USA or Canada
   • Faster processing if no conflicts (6-12 months)

3. Opposition period

   • 2 months after publication (similar to UK)

4. Renewal

   • Every 10 years
   • Fee: AUD $400 per class

Where to file:

• Online at ipaustralia.gov.au/trade-marks

Pro tip: Australia is a good "test country" for international expansion: English-language, straightforward system, similar to UK process.

8.5. Logo Registration in NZ (New Zealand)

System: IPONZ (Intellectual Property Office of New Zealand)
Protection scope: New Zealand
Legal basis: "First to file"

Key differences:

1. Affordable

   • One of the cheapest trademark systems (NZD $150 online)

2. Similar to Australia

   • Process mirrors IP Australia's system
   • Fast processing (6-12 months)

3. Small market

   • Often not a priority for early-stage startups unless targeting NZ specifically

Where to file:

• Online at iponz.govt.nz

8.6. How Can I Trademark My Logo in Other Jurisdictions?

European Union (EUIPO):

• One application covers all 27 EU member states
• Cost: €850 for 1 class
• File at euipo.europa.eu
• Fast processing (4-6 months)
• Caveat: If opposed in any EU country, entire application can be blocked

China (CNIPA):

• Critical if manufacturing or selling in China
• China is "first to file"—notorious for trademark squatting (people file famous marks before the real brand does)
• Cost: ~CNY 300 (USD $40-50) if you file in Chinese, more if using agents
• Processing: 9-12 months
• Recommendation: Hire a local Chinese agent—system is complex

India:

• File through Controller General of Patents, Designs and Trademarks
• Cost: INR 4,500-9,000 (~USD $50-110)
• Processing: 18-24 months (slow)

Japan:

• Japan Patent Office (JPO)
• Cost: JPY 12,000 (~USD $80) + JPY 28,200 per class for registration
• Processing: 12-18 months

Brazil, Mexico, other Latin America:

• Each country has its own office
• Madrid Protocol available for some (see Section 9)

Where do I trademark my logo?

• Start local: Register in your home country first
• Prioritize markets: Where do you sell or plan to sell?
• High-risk countries: If manufacturing in China, selling in EU, or targeting UK/Australia—file there early

9. Going Global: Madrid Protocol for Multi-Country Protection

If you need trademark protection in 5+ countries, filing individually in each country gets expensive fast.

Enter the Madrid Protocol: an international system that lets you file one application to seek protection in 130+ countries.

How the Madrid Protocol works:

Step 1: You must have a "home" trademark application or registration (called your "basic mark")

• File in your home country first (e.g., USPTO, UKIPO, CIPO)

Step 2: File an international application through WIPO (World Intellectual Property Organization)

• You designate which countries you want protection in
• WIPO forwards your application to each country's trademark office

Step 3: Each designated country examines your mark under their own laws

• They can accept or reject independently
• You'll deal with office actions from each country separately

Step 4: If approved in a country, your mark is protected there

• Each country's protection lasts according to their national rules
• Renewals are centralized through WIPO (every 10 years)

Pros and cons:

Pros:

• Cheaper than filing individually in many countries
• Single application, single renewal process
• Centralized management through WIPO
• Faster than filing in 10+ countries separately
• Can add more countries later by filing extensions

Cons:

• Dependent on your "home" registration for 5 years (if your home mark is canceled, all international protections fail—called "central attack")
• Each country still examines independently—you can be rejected in some and accepted in others
• Office actions from each country require local responses (may need local attorneys)
• Not always the cheapest option for 2-3 countries (individual filing may be better)

When Madrid Protocol makes sense:

Use Madrid if:

• You're targeting 5+ countries
• You want centralized renewal management
• Your home trademark is solid (not at risk of cancellation)
• You're expanding globally but want to test markets before full commitment

File individually if:

• You only need 1-4 countries
• Your home trademark is new/unstable (under 5 years old)
• You want maximum control over each country's application strategy
• You need protection immediately in specific high-priority countries

» For the full explainer and professional filing support, see: Madrid System Trademark Registration

10. Common Filing Mistakes and How to Fix Them

Even experienced founders make these mistakes. Here's what to avoid.

Mistake #1: Not searching before filing

Why it happens: "I googled my name and it's fine."

The problem: Google searches websites, not trademark registrations. Official databases have thousands of registered marks that don't show up in search engines.

The consequence: You file, pay fees, wait 6 months—then get rejected for conflict with an existing mark.

How to fix:

• Always search USPTO, UKIPO, CIPO, or your country's official database before filing
• Use design code search for logo elements (not just text search)
• Consider hiring a professional search if you're investing heavily

Mistake #2: Choosing the wrong classes

Why it happens: "I sell t-shirts, so I'll register Class 35 (Retail Services)."

The problem: Class 35 is for operating retail stores, not for selling your own products. If you make and sell t-shirts, you need Class 25 (Clothing).

The consequence: Your registration won't protect what you actually sell.

How to fix:

• Use your country's goods/services ID manual to find correct classes
• If unsure, consult a trademark attorney before filing
• Register multiple classes if you sell products and operate retail services

Mistake #3: Filing in color when you plan to change colors

Why it happens: "I'll file my logo exactly as it looks today."

The problem: If you file in specific colors (e.g., blue and yellow), your registration only protects those colors. Change to green later? Not protected.

The consequence: Limited flexibility for brand evolution.

How to fix:

• File in black-and-white or grayscale if you might experiment with colors
• File in color only if color is essential to your brand identity (like Tiffany blue or Coca-Cola red)

Mistake #4: Using vague or overly broad descriptions

Why it happens: "I'll just say 'various products' to cover everything."

The problem: Trademark offices reject vague descriptions. You must be specific about what you sell.

The consequence: Office action requiring you to amend (delays registration by months).

How to fix:

• Be specific: "coffee beans, ground coffee, and coffee pods" instead of "food products"
• Use pre-approved terminology from your country's ID manual (especially for USPTO TEAS Plus)

Mistake #5: Submitting bad specimens (proof of use)

Why it happens: "I'll just send a photo of my business card."

The problem (USA): Business cards, mockups, and social media posts aren't acceptable specimens. You must show the mark in actual commerce—on products, packaging, or website sales pages.

The consequence: Office action rejection; you'll need to resubmit better photos.

How to fix:

• For goods: Photo of logo on the product itself, hang tags, or packaging
• For services: Website screenshot showing logo + description of services, or advertising materials
• Make sure the specimen clearly shows your logo and the goods/services you listed

💡 Want a free cheat sheet? Click here and grab our USPTO Specimen Checklist

Mistake #6: Ignoring office actions or missing deadlines

Why it happens: "I'll deal with that confusing letter later."

The problem: You have 6 months to respond to an office action in most countries. Miss this deadline = your application is abandoned.

The consequence: You lose all filing fees and have to start over.

How to fix:

• Set calendar reminders to check your application status every 2 months
• Respond to office actions within 30 days (don't wait until the last minute)
• If the objection is confusing, hire an attorney to respond

Mistake #7: Assuming trademark = worldwide protection

Why it happens: "I registered in the USA—I'm good everywhere, right?"

The problem: Trademark protection is territorial. A US registration only protects you in the US.

The consequence: Someone in the UK files the same logo—you can't stop them, even though you filed first in the USA.

How to fix:

• File in every country where you sell or plan to sell
• Use Madrid Protocol for multi-country coverage
• Prioritize high-revenue markets first

Mistake #8: Not renewing on time

Why it happens: "I registered 10 years ago and forgot about it."

The problem: Trademarks require periodic renewals. In the USA, you must file at years 5-6 and every 10 years. Miss these = your registration is canceled.

The consequence: You lose all protection and someone else can register your mark.

How to fix:

• Set long-term calendar reminders
• USPTO sends email reminders if you keep your contact info updated
• Many law firms offer maintenance monitoring services

Mistake #9: Not using the mark at all (USA Intent-to-Use filings)

Why it happens: "I filed intent-to-use and then never launched my product."

The problem: In the USA, if you file "1(b) intent-to-use," you must eventually submit proof you're actually using the mark in commerce. If you never use it, your application is abandoned.

The consequence: Wasted filing fees; no registration.

How to fix:

• Only file intent-to-use if you're genuinely planning to launch within 6-12 months
• If you file based on use (1a), make sure you're already selling before filing

Mistake #10: Assuming generic elements are protectable

Why it happens: "My logo is a coffee cup for my coffee shop—that's distinctive, right?"

The problem: Generic imagery that literally depicts your product is not registrable. A coffee cup for a coffee business is too generic.

The consequence: Rejected application.

How to fix:

• Add distinctive stylization (unique artistic treatment)
• Combine generic elements with fanciful design, unique typography, or brand name
• If your logo is too generic, redesign before filing

11. Logo Trademark Maintenance

Congratulations, you're registered! But trademark protection isn't "set and forget." You need to maintain it.

Renewal timelines by country:

USA-specific maintenance (critical):

Years 5-6: Declaration of Use + First Renewal

• You must file Section 8 Declaration (proving you're still using the mark) + Section 9 Renewal
• Deadline: Between year 5 and year 6 after registration
• Fee: $225 per class (online) or $525 (paper)
• Miss this = your registration is canceled permanently

Every 10 years after: Combined Declaration + Renewal

• File Section 8 + Section 9 together
• Same fee structure

Pro tip: USPTO sends email reminders if your contact information is current. Update your address if you move.

Proof of continued use:

Most countries require you to prove you're still using the mark when renewing. This means:

• Submitting new specimens (photos of logo on current products/marketing)
• Declaring continued use in commerce

If you've stopped using the mark, it can be canceled for abandonment.

Exception: Some countries (like UK) don't require use proof at renewal, but anyone can challenge your mark later if you haven't used it for 3-5 years.

What if your logo evolves?

Small changes (font tweaks, minor color shifts):

• Usually fine—your original registration still applies

Major redesign (new imagery, complete rebrand):

• Your old registration may not protect the new version
• File a new application for the updated logo
• Keep the old registration active until the new one is approved (costs more, but prevents gaps in protection)

When to update:

• If your logo changes so much that customers wouldn't recognize it as the same mark
• If you add new design elements (e.g., adding a mascot character)
• If you completely change color schemes (and filed in color originally)

Monitoring for infringement:

Just because you're registered doesn't mean others won't try to use similar marks. You're responsible for enforcing your trademark.

What to do:

1. Set up watch services: Many law firms and services (e.g., Trademark Engine, Corsearch) monitor new filings and alert you to similar marks
2. Google yourself regularly: Check if anyone is using your logo or name
3. Respond quickly: If you find infringement, send a cease-and-desist letter early (the longer you wait, the weaker your case)

Note: Trademark law requires you to actively defend your mark. If you knowingly allow others to use it without action, you risk losing protection (called "genericide" or "abandonment through non-enforcement").

12. Is Year 1 Worth It? A Decision Framework

You've made it this far—now the big question: Should you trademark your logo right now, or wait?

Here's a framework to help decide.

Trademark in Year 1 if...

• You're building a consumer-facing brand (retail, food, fashion, lifestyle)
• Your visual identity is core to your business (recognizable logo is essential)
• You're launching in a crowded market (competitors with similar imagery exist)
• You're raising investment (investors want protected IP)
• You're manufacturing or printing at scale (reprinting costs would be catastrophic)
• You're selling online nationally/internationally (need protection beyond one state/country)
• Your name is descriptive but your logo is unique (logo mark is stronger than word mark)

Risk of waiting: Someone else files first, or you discover conflicts after you've invested in branding.

Consider waiting if...

• You're pre-revenue with no customers and might pivot
• You're a B2B service business where logo matters less than reputation/relationships
• Your brand is still evolving (you might redesign soon)
• You operate locally only (small geographic area, no online sales)
• Cash is extremely tight (under $500 in discretionary budget)

Risk of waiting: Competitors could file, and you'll face rebranding costs later.

Alternative: File strategically

Option 1: Trademark the name (word mark) first, logo later

• Word marks are broader and often more valuable
• File the logo when revenue is stronger

Option 2: File in your home country first, expand internationally later

• Protect your primary market immediately
• Add other countries as you grow

Option 3: File "intent to use" (1b in USA)

• Reserve your mark before launching publicly
• Prove use later when you're ready (but don't forget to convert within 6-12 months)

Quick decision tree

Start here: Are you selling products/services with this logo right now?

• Yes → Do you plan to operate beyond one state/country?

  • Yes → File for trademark (start with home country)
  • No → Are competitors using similar logos?
    • Yes → File for trademark
    • No → Low risk; consider waiting 6-12 months

• No (pre-launch) → Will you launch in the next 6 months?

  • Yes → File "intent to use" to reserve the mark
  • No → Wait until closer to launch (but do a search now to check availability)

Cost vs. risk summary:

Most founders underestimate: The cost of rebranding is 10-100x higher than the cost of filing a trademark.

13. Other Quick FAQs

Do you need a logo to register a trademark?

No. You can register a word mark (just text) without any logo design. In fact, many businesses register their name first and add a logo mark later.

Example: You could register "Sunrise Coffee" as a word mark (protecting the name in any font/style) before you even design a logo.

Can I trademark a logo I'm still refining?

Yes, but:

• If you file based on use (USA 1a), you must submit the exact logo you're currently using in commerce. You can't change it significantly after filing.
• If you file intent to use (USA 1b), you can finalize your design before submitting proof of use later—but you must file within 6 months of approval (extendable).

Best approach: Finalize your design before filing to avoid needing to file again if you change it.

What happens if someone else files my logo first?

If someone files a confusingly similar logo in your industry before you, they have priority—even if you were using it longer (in most countries outside the USA).

What you can do:

• USA: If you were using it in commerce before they filed, you may have "common-law" rights and can oppose their application
• Other countries: "First to file" wins—you may need to rebrand

Lesson: File early, especially in first-to-file countries (Canada, UK, Australia, EU, China).

Do I need to trademark my logo if I already have copyright?

They protect different things:

• Copyright: Stops someone from copying your exact logo file
• Trademark: Stops competitors from using a similar logo that would confuse customers

You need both for full protection. Copyright is automatic; trademark requires registration.

How long does trademark protection last?

Forever—as long as you:

1. Renew on time (every 10 years in most countries; USA also requires renewal at years 5-6)
2. Continue using the mark in commerce
3. Enforce your rights against infringers

Trademarks don't expire like patents (20 years) or copyrights (life + 70 years). They're renewable indefinitely.

Can I trademark an AI-generated logo?

Complicated and evolving.

Currently:

• Copyright: Most jurisdictions (including USA) don't recognize AI-generated art as copyrightable (no human authorship)
• Trademark: Yes, you can trademark an AI-generated logo because trademark protects the commercial use, not the artistic creation

But: If the logo isn't copyrightable, others could technically recreate the exact design and use it in different industries (trademark wouldn't stop them in unrelated fields).

Best approach: Have a human designer refine or customize the AI output so there's clear human authorship.

What if my logo contains someone else's copyrighted image?

Don't do this.

If your logo includes:

• A stock photo you didn't license
• Another artist's illustration without permission
• Copyrighted characters or designs

...you can't legally use it, let alone trademark it. The trademark office may reject it, and the copyright owner can sue you.

Solution: Use royalty-free resources, hire a designer, or license images properly.

Should I trademark variations of my logo (color vs. black-and-white)?

Usually no, it's expensive and unnecessary.

Instead:

• File one version in black-and-white (covers all color variations)
• OR file one color version if color is essential to your brand

Filing 5 variations of the same logo in different colors costs 5x the fees and doesn't add meaningful protection.

Can I use ® before my trademark is registered?

No, this is illegal in most countries.

• ™: Use this while your application is pending
• ®: Only after your registration is officially issued

Using ® prematurely can result in fines and damages your credibility if someone challenges your mark.

» Learn more here

What are trademark rules for logos?

This refers to the legal requirements logos must meet:

1. Distinctiveness (not generic or purely descriptive)
2. No likelihood of confusion (not similar to existing marks in your industry)
3. Proper use (as a brand identifier, not just decoration)
4. Continued use (you must keep using it in commerce)
5. Compliance with format requirements (file size, resolution, format)

If you violate these, your application can be rejected or your registration canceled.

Do logos need to be trademarked?

Legally required? No.
Strongly recommended? Yes, if you're building a real brand.

Without trademark registration:

• You can't sue for federal trademark infringement (USA)
• You have weaker legal standing in disputes
• Others can register similar marks and block you later

Exception: Very small, local businesses with no online presence or expansion plans often operate without registration.

Need Professional Help Registering Your Logo Internationally?

Trademarking your logo is one of the smartest moves you can make to build a protected, scalable brand, especially if you’re selling online or planning to expand. The challenge isn’t “filing the form.” It’s getting the strategy right (classes, scope, conflicts) and avoiding expensive setbacks later.

That’s where iGERENT can help.

Why work with iGERENT?

With iGERENT, you get one point of contact and a team that can handle filings across multiple countries, so you don’t have to coordinate different providers, chase updates, or guess what each office is going to ask for.

We help you:

• Choose the right filing strategy (word mark vs. logo mark, or both)
• Reduce conflict risk with a clearer pre-filing approach
• File in the right classes (so you’re protected where it actually matters)
• Manage multi-country trademark registration with a single workflow
• Handle examiner objections and office actions when they come up
• Keep your portfolio organized as your brand grows internationally

If you want to protect your logo beyond a single market, don’t start by guessing.

1. Tell us where you operate (or plan to expand)
2. Share your logo + what you sell
3. We’ll recommend a clear filing plan and take care of the process end-to-end.

Ready to register your logo internationally? » Get started here or contact us for a free no-obligation consultation.

Tip: If you’re not sure whether to file the name, the logo, or both, message us anyway. Most founders are deciding the same thing, and the right order can save time and money.