Trademark & Copyright Registration

Disclaimer: This material is for informational purposes only and does not constitute legal advice. Please consult a qualified attorney for advice regarding intellectual property matters.

There are two primary types of Intellectual Property protection that apply to Logos: Copyright and/or Trademark:

US Copyright Basics

• Copyright is designed to protect original artistic works that meet a certain threshold of creativity.
• Copyright becomes active once the work is fixed in a tangible medium, and registration is not required.  (Registration is required before filing an infringement case.)
• Many logos do not meet the threshold of creativity to be considered for Copyright protection.  Very simple logos with basic shapes, standard fonts, and minimal stylization may fail the originality threshold.
• An individual or business entity may register their logo by submitting an application for copyright registration to the US Copyright Office.
• Copyright rights last for the original artist's lifetime plus 70 years.

US Trademark Basics

• Trademark law is designed to protect a logo as a brand identifier in a geographic marketplace, with the goal of preventing consumer confusion about which company is providing a particular product or service.
• Trademark rights arise automatically from actual use in commerce. These are known as common law rights, and they can provide protection in the geographic territory (i.e., state) where the mark is actively used, even without federal registration.
• Federal registration with the U.S. Patent and Trademark Office expands protection nationwide, puts others on public notice of your claim, and gives you stronger legal protection to enforce your rights.
• The U.S. trademark system is divided into 45 classes of goods and services. A trademark application may be filed in a single class or in multiple classes, based on what the trademark applicant is selling or wishes to sell.
• Two different companies can sometimes use similar names or logos if they operate in unrelated industries and consumer confusion is unlikely. For example, Delta Air Lines and Delta Faucet both use the name “Delta,” but because airlines and plumbing fixtures serve very different markets, trademark law permits coexistence in that context.
• Many businesses choose to register their logo as a Design Mark with the United States Patent and Trademark Office.
• U.S. trademark rights last indefinitely, so long as the owner is actively using the mark and maintaining their trademark registration with the United States Patent and Trademark Office.
• Hiring an attorney is not required to file a trademark application, but it is often recommended due to the intricacies and complexities of trademark law.

Why register for a US Federal Trademark?

• Expands your protection nationwide, even in areas where you are not yet operating, subject to earlier users.
• Entitles you to take legal action against competitor using a confusingly similar trademark in federal court, instead of state court, which may not have jurisdiction over the competitor. 
  • For example, let’s assume you live in California, and that you came up with a new name for selling clothes and apparel online in 2025, and a competitor in Michigan starts using a trademark similar to yours in 2026 and also sells apparel. While you would have common law rights in California (which would allow you to file a lawsuit in California), the court system in California would not have jurisdiction over the competitor because the competitor lives in Michigan and has no assets, ties, or real estate in California. However, with a federal trademark, you can sue the competitor in a federal district court which would have jurisdiction over the competitor in Michigan.  
• Puts the public on notice that you are claiming federal (nationwide) rights in the mark.
• Successful registration creates a legal presumption of ownership and exclusive rights to use the mark for the listed goods or services.
• Allows use of the ® symbol once the trademark registers. Until then, the ™ symbol can be freely used after the mark. 
• Provides a basis for international trademark filings.
• A registered trademark is an appreciating asset of the business. Trademarks never expire (so long as they are maintained) and can be licensed or sold for value. 

Registering for a US Federal Trademark

The basic process involves filing a detailed application with the United States Patent and Trademark Office, waiting approximately 6-8 months while it is examined by an attorney for the government, and then receiving either an approval or a refusal notice. The main risk is that if your application is prepared incorrectly or if there are other confusingly similar trademarks to yours, it can delay the process by months or perhaps make your trademark unattainable. If refused, you will receive an Office Action giving you a chance to correct the issue(s).

There are three main approaches to registration:

1. Do it yourself: The least expensive option, but carries a higher risk of mistakes in searching, classification, or legal analysis, which can delay or weaken your application.
2. Online service: Moderately priced, but the level of review and legal guidance can vary significantly.
3. Licensed attorney: The most expensive option, but typically reduces avoidable errors and improves how the application is structured, although approval still depends on the strength of the mark itself.

LogoTournament's preferred partner for US Federal Trademark Registration

We recommend the Law Office of Jeffrey Herman PLC, a highly experienced intellectual property law firm with vast experience in trademark law. Its managing attorney, Jeffrey Herman, has been a long-term LogoTournament client for over a decade and has hosted many logo contests for his own business interests as well as for his clients. 

Based on our longstanding relationship, his office offers preferred rates to LogoTournament clients for cost-effective trademark clearance and U.S. and international registration services. 

Preferred rates for LogoTournament clients:

https://jhermanlaw.com/logotournament-special 

(Please mention LogoTournament to receive your preferred rate.)

For more than 10 years, I have turned to LogoTournament on countless occasions for logo development. As a serial entrepreneur, I have started multiple businesses which have yielded success. The first step is to always perform initial due diligence to ensure the name is "free and clear". Then, I have always turned to LogoTournament to create a truly unique, attractive, and inspiring logo. I love the creative design ideas you receive from multiple talented designers, the prompt revisions throughout the logo development journey, creating mini-surveys for family and friends to get valuable feedback, and then the ultimate decision of selecting the winning logo. 

The next step is to file a trademark application with the United States Patent Trademark Office to achieve trademark protection throughout the United States. Once registered, you now have exclusive rights to use the name and can license or sell trademark rights for significant value, which is a great way to earn passive income! Then, it’s onto the next venture. 

-Jeffrey Herman, Attorney & Serial Entrepreneur