Trademarking a Logo

Can I Trademark My Logo?

Key points: 

  • A logo can be protected by trademark registration
  • The process is the same as with a word trademark
  • A registered logo containing words provides some protection for the words within it
  • A logo trademark can help you avoid a descriptiveness objection (class 41)

 

 

The short answer to the question “can trademark my logo?” is “Yes, you can”.

Logo Registration Process

The process for registering your logo as a trademark is exactly the same as trademarking your name. Specifically, the trademark application is drafted and submitted to the government who then check it for the same prerequisites as for an application for a word trademark. The two main prerequisites are 1) assessing whether the trademark is too descriptive (if at all) of the goods and services it applies to, and 2) whether the trademark is too similar to any trademarks already on the official trademark registry.

 

The protection it gives you

Once registered, a logo trademark will protect the logo representation as a whole. If the logo happens to contain words that are very prominent, then those words will likely find some good secondary protection, though not as much as they would for a plain words trademark. The extent of this secondary protection is entirely case-by-case and is difficult to assess – we can provide you advice on your particular logo.  Also, if the words of your trademark are somewhat descriptive and are difficult to protect with a trademark, a logo trademark can help you avoid a descriptiveness objection (class 41).

Need some advice on this?

If you need some more advice in your particular case, we offer a free initial consultation.

When Do I Need to Trademark?

As a new business manager, you might ask yourself whether it is necessary to register your trademark immediately or if it is something that can wait until you are more established in the marketplace. You might wonder why, if you have already taken the steps to...

Trade mark an invention or product

A trade mark can be a strong mechanism of protection for an invention or a product. This can be especially useful in cases where patent protection is not possible or otherwise difficult. A product can be branded with a name or logo. Even the shape of a product can be...

Protect your trade mark in the United States

There is no single worldwide trade mark registration.  You will need to apply to each country in which you would like to have a registered trade mark.  Even for large companies, this task can prove too cumbersome and expensive.  Therefore, the pragmatic route is to...

What Happens If I Don’t Get a Trademark?

Do I Need a Registered Trademark? Having an officially registered trademark for your business is not actually a legal requirement.  As long as you are otherwise obeying the legal obligations of running your business, such as having the correct licences, paying taxes...

5 Steps to Get a Trademark in Australia

A registered trademark in Australia will provide you with protection for your brand, name or logo. To help you on your way to protecting your business, this article describes how to get a trademark in Australia. A properly registered trade mark will help distinguish...