Intellectual Property

Can I Trademark My Logo?


Yes, but it is usually not the first thing you should register. A logo is protected as a design mark, which covers that specific design. If the logo contains your brand name, registering the name as a word mark first protects you more broadly and survives a redesign.

Word mark or design mark

The USPTO recognises two formats, and choosing between them is the real decision.

A standard character mark, or word mark, protects the words themselves in any font, size, colour, or arrangement. Change your typeface next year and the registration still covers you.

A special form mark, or design mark, protects the specific visual design as filed. That includes stylised text, a graphic element, or both together. It is narrower, and it is tied to what you submitted.

Why the word mark usually comes first

If your logo is your name set in a particular typeface, the name is doing the work. Customers say it, search it, and type it. Registering the name as a word mark protects it in every visual form you might ever use.

Register only the design, and you have protected a picture. A competitor using your exact name in a different typeface may fall outside what you own.

There is also the practical point that brands redesign. A design registration is tied to the version you filed, and a significant redesign can mean filing again.

When the logo is worth registering on its own

A design mark earns its own registration when the graphic carries independent recognition. A distinctive symbol that customers identify without the words attached is a real asset and worth protecting separately.

It also matters where the graphic is the thing being copied. If competitors are imitating your visual identity rather than your name, the design registration is what you enforce.

Many established brands hold both. That is the complete answer, and it is two applications and two sets of fees.

A logo can also be copyright

A logo with enough original creative expression is protected by copyright automatically the moment it is created, and can be registered with the Copyright Office. That is a separate right covering the artwork rather than its use as a brand identifier.

One thing worth checking early: if a designer created your logo, the copyright may belong to them unless your agreement assigned it to you. A work-for-hire clause or written assignment settles it. Without one, you may be registering a trademark in artwork you do not own.

What the application actually needs

  • A drawing of the mark. For a design mark this is the image itself, submitted to the USPTO's specifications.
  • A written description of the design, in words. This is more consequential than it sounds, because the description shapes what the registration is understood to cover.
  • A specimen showing the logo used in commerce on the goods or in connection with the services. A mock-up will not do. The specimen has to show real use as customers encounter it.
  • A list of goods and services in one or more classes, using the USPTO's pre-approved wording where possible. Writing your own description currently attracts a per-class surcharge on top of the $350 base fee.

Colour: claim it or not

  • You can file a design mark in black and white, claiming no particular colour, or you can claim specific colours as a feature of the mark.
  • Filing without a colour claim is usually broader. The registration then covers the design in any colour scheme, which means a competitor cannot escape by recolouring it.
  • Claiming colour narrows the registration to that palette. It makes sense only where the colours themselves are a genuine part of what customers recognise, and where you have no intention of changing them.
  • For most businesses, black and white with no colour claim is the better filing.

A sensible order of operations

  • Clear the name and register it as a standard character mark. This is the asset that survives redesigns and covers how customers actually refer to you.
  • Register the design separately once the visual identity has settled and you are confident you will keep it.
  • If budget forces a choice, take the word mark. It is the broader right in almost every case where the logo contains the name.
  • Confirm you own the artwork before filing either. If a freelancer or agency created the logo without a written assignment, the copyright may still be theirs.

Frequently asked questions

Does a trademark on my logo protect my business name too?

Not reliably. A design mark protects the design as filed. If you want the name protected independently of its styling, the name needs its own standard character registration.

Can I register a logo that has no words in it?

Yes. A purely graphic mark can register if it functions as a source identifier and is distinctive rather than merely decorative or commonplace.

What if I change my logo after registering it?

A minor change may be acceptable, but the registration has to continue to match what you actually use. A material change generally requires a new application. This is another argument for registering the word mark first.

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This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Rules differ by state and change over time. Please speak with a licensed attorney about your own situation.

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