How To Trademark Your Logo, Name, And Brand In The USA?

Briefs: It's a comprehensive trademark paper, which focuses on trademark issues during business branding. Find straight answers to your trademark FAQs, i.e., "Do I need to trademark my business name & logo?", "How to trademark logo, business name and brand?". Also, we've collected trademark rules for names & logos, as well as ways to copyright a name for free or by purchase.

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Part 1.What Is a Trademark?

"A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others." - USPTO defines trademark.

Trademark is to distinguish a brand from other brands, which helps audiences recognize a brand & its related using experience fast.

Another vital function of a trademark is to forbid other brands to use a similar/same symbol in a designated field.

If you want to register a trademark and make it unique for your brand or service nationwide, you must apply it at USPTO website. Only U.S. Patent and Trademark Office (USPTO) has the authority to grant trademarks at the federal level in the USA.

>>Trademark registration notes:

Before you register a graphic design/logo as trademark, you need to:

1. Own the copyright of the design to a trademark, then you have the right to register it as a trademark.
2. Conduct an extensive search to make sure there is no similar graphics that have been registered as a trademark or is pending for approval of trademark registration.
3. Go to USPTO, fill the application of trademark registration, and pay for each registration & class.

Part 2.Do I Need to Trademark My Business Name?

Oftentimes, business starters will raise the question, which has confused millions of people: Is it worthwhile to spend the money, time and effort to register a trademark? After all, it takes at least 6 months for USPTO to approve your trademark.

>>A brief answer: YES, in most cases.

It's not easy to expand the market and build up your business reputation. By registering your brand name & logo as a trademark, you can have legal protection and compensation, when someone else steals your name or logo for their products and services.

However, if you decide to run your business in a small region within the state and don't want other people to use your name, (i.e., you want to open a coffee shop near your place) there is no need to file a trademark application at USPTO. You can just register your business name with the state.

>>How to copyright a name for free?

Specifically, it's not "copyright a name for free", but "register a business name as a trademark for free".

In the USA, you can simply design a business name by attaching a "TM" superscript. It's free and legal for you to use it in business promotion.

But you should know, when someone else goes to USPTO and registers your business name as a trademark, then they have priority of using the trademark. That means, after someone registers your business name after you've run businesses for years, you may be in a situation of infringing other businesses' rights.

>>How to copyright a business name by purchase?

You can either register your business name with the state, or register it as a trademark at USPTO to get nationwide trademark rights.

Part 3.Trademark VS Copyright

Copyright is the exclusive rights of the creator. It's original works of authorship. When products and services are firstly created, the copyright has existed with things. You don't need to do anything to ensure your copyright, as long as it's original works.

While, trademark needs to be issued by USPTO. The primary function of a trademark is to ensure business (or brand) rights and forbid infringement acts. It's a registered & law-protected symbol to protect the interests of its party.

>>Tell the differences of trademarks, patents, and copyrights:

USPTO YouTube: Know The Differences of Trademarks, Patents, and Copyrights

Part 4.Make a Free Logo for Your Business & Trademark Registration

Have no logo for your business? Or, need a logo to register it as your business trademark? Pay a visit to the online free logo maker DesignEvo. Designing your wanted logo is only a few minutes' works.

>>4 Steps To Design Your Business Logo:

Step 1.Go to DesignEvo homepage, and click [Make a Free Logo].

Step 2.Search for logo design ideas for your business. Try the keywords related to your business to view more designs.

Image: Search for business logo ideas for trademark.

Step 3.Click in a template, and customize your business logo via drag-and-drop.

Image: Customize and design your business logo.

Step 4.Preview and download your business logo. To register your business name as a trademark, you'll like to choose the PLUS download package.

Make a Logo Now

Part 5.The Last Words

Hope the article solves your confusion about copyright, trademark, and business name registration. Evaluate your options and decide if you need to register a trademark for your business.