The value of a trademark can not be
brushed aside as it serves in the best interest of your business. Providing
your brand a legal protection locally and internationally depending on the
where it is filed, it gives the brand the right to attack ( sue) when
infringements occurs.
Any word, phrase, design, logo, sound or representation
attaching your product to your business constitutes a trademark. What is a
logo? Should it be filed locally or federally? What will it cost to trademark a
logo design in the United States of America? How long does trademarking your
logo take? What are some reasons why some brands decide against trademarking
their logos?
What a logo is
This includes all designs used in
every visual aid identifying your brand to the product describes a logo. Some
popular logos include the swoosh mark used by Nike, apple logo for Apple
amongst others. Some logos include names of the companies such as Samsung.
Where should you
file your trademark your logo design?
The choice depends largely on you and
the coverage of your brand. Filing your trademark locally in a state is
a easier process compared to filing it federally. Although, it is cheaper than
filing federally, its protection is limited and doesn't extend out of the
state.
Trademarking your logo design federally
increases your protection in a many ways. It allows the registration of
your logo internationally, enabling your to receive cash for the damages done
when your trademark has been infringed. Your business enjoys 'prima facie' when
a dispute arises, this means no further proof of ownership is required from you
in a court. You can file a lawsuit in any federal court when you register this
way and you become listed online in the records of the United States Patent and
Trademark Office (USPTO).
Cost of
trademarking a logo in the United States of America
The class which your product or
service falls determines the prices. If the prices falls in more than one class
the price gets higher. The electronic filing has its initial mark set at $225
for the first option, $275 and $400 for the second and third options
respectively. The total cost can get as high as $600 and above depending on the
options you choose and the additional fees attached to it.
How long does it
take to trademark your logo
In normal circumstances, the process
spans between 6-9 months and up to 3 years in complex situations. You will
receive a serial number after six months of your initial filing to track your
application status.
Trademarks411 is an online website
that features web based do it yourself trademark filing software that helps
businesses protect, monitor and file their own trademarks with the United
States patent and trademark office.
Why some brands
decide against trademarking their logos
Not all brands trademark their logos.
There are different reasons why this happens
l Common law trademark
This is used locally. When a logo is
associated with a commercial entity, it becomes protected. The owners of some
brands know is fact and claim their logo by using the "TM" symbol.
l Cost
Registering the business
name and logo might not be affordable to every brand. In such situations, it is
best to register the business name. A small business may also decide against
registering the business logo for easy change when the need for expansion
arises.
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