how to trademark a name and logo
Written by Law on Call Staff | Reviewed by Andrew Olmsted, Esq.|Last Updated July 2, 2026
When starting a business, choosing a name and designing a logo are some of the most exciting parts. Once you’ve landed on the right look and feel, there’s one more step you don’t want to skip: trademark it!
This guide covers why trademarks matter, what you can protect, and the steps to get a trademark.
Main Takeaways
- A name only protects you locally. You need to register with the USPTO for nationwide protection.
- Trademarks cover more than names. Logos and packaging count too, and lawsuits over them are common.
- Registering a trademark costs money, takes several steps, and can take months to complete.
Why Trademark Your Name or Logo?
A trademark protects your business name or logo, or both, from being copied by someone else. Without a trademark, you could spend years building a fully formed business with a popular name, logo, and even color scheme, only to find out another company had the legal right to it first, or simply stole it out from under you.
When you start your business you already have some legal protection that kicks in once you start using a name or logo (common law protection). However, common law protection only covers the area where you’re doing business.
What Can You Trademark?
Trademarks aren’t just for business names. They also protect logos and symbols, slogans and taglines, colors associated with your brand, sounds (like a jingle), or any combination of these.
That said, not everything qualifies. The United States Patent and Trademark Office (USPTO) won’t register:
- Generic terms like “Bakery” for a bakery cannot be trademarked because everyone in that industry must be free to use those common words.
- Purely descriptive terms that simply explain what a product or service does, like “Fast Shipping Co.,” are usually not eligible unless they become widely recognized as a brand.
- Functional designs, such as the shape of a tool created for practical use, can’t receive protection because trademark law does not protect useful product features.
Note: The stronger and more unique your name or logo is, the easier it will be to register and defend.
Have questions about trademarks? We can help.
Name vs. Logo: What’s the Difference?
A trademark can protect your business name, your logo, or both, and each one covers something different. Let’s look at the two most common trademarks.
Standard Character Mark (Name)
Protects the words themselves, no matter the font, color, or style. “Lemon Squeezy” stays protected whether it’s in bold, script, or block letters.
Design Mark (Logo)
Protects the visual look of your brand, like a symbol, stylized lettering, or other design elements.
Many businesses register both. If your logo is just your name in a special font, a standard character mark may be enough. If it includes a unique symbol or artwork, add a design mark for stronger protection.
Does registration offer stronger protection?
Yes. Recent court cases show just how seriously trademark rights are enforced, as well as how easy it is for disputes to arise when branding overlaps or is imitated. With a federal trademark, you’re able to sue for infringement in federal court.
Let’s take a look at two recent cases.
Jack Daniel’s v. VIP Products (2023)
In 2023, Jack Daniel’s filed suit against VIP Products, who sold a dog toy designed to resemble one of its iconic whiskey bottles. The Supreme Court ruled that parody doesn’t automatically excuse the unauthorized use of another company’s trademark on a commercial product. The case highlights why trademarks matter, and why registering your business name, logo, and other distinctive branding gives you stronger legal protection when someone copies or imitates your brand.
J.M. Smucker Co. v. Trader Joe’s Co. (2025)
In October 2025, Smucker sued Trader Joe’s, claiming that its peanut butter and jelly sandwiches copied the branding and packaging of Smucker’s Uncrustables. The lawsuit is still ongoing, but the case shows that trademarks protect more than just names. A distinctive logo, product packaging, or other visual branding can become just as valuable as your business name. Registering both gives you the strongest protection.
how to Trademark a Name and Logo
Registering a trademark involves several stages, from confirming you need one to filing and maintaining it long-term. We go over the process to trademark your name and logo from start to finish.
10 steps to trademark Registration
Getting a trademark is often a long process. Here’s what to expect at each step.
- Confirm you actually need a trademark. Trademarks, patents, and copyrights are the three main types of intellectual property protection, but they cover different things. Trademarks protect brand names, logos, and slogans. Patents protect inventions. Copyrights protect creative works like writing or art. If you’re trying to protect your brand identity, a trademark is the right tool.
- Search for existing trademarks. Before you get attached to a name or logo, search the USPTO’s trademark database to make sure nothing similar already exists. Be careful, similar spellings, sounds, and logos in your industry can all lead to a rejected application. Now is the time to do a deep dive to make sure you aren’t stepping on any trademark toes! If your logo includes a symbol, search by design code as well as by name.
- Choose your mark format and gather your information. Decide whether you’re applying for a standard character mark, a design mark, or both. Then gather your legal name and address, a clear image of your logo, and a description of the goods or services your trademark will cover.
- Pick your filing basis. Apply under “use in commerce” if you’re already selling under that name or logo, or “intent to use” if you plan to launch soon but haven’t started yet. If you’re already using the mark, you’ll need to submit proof, like a product label or website screenshot.
- Classify your goods and services. The USPTO organizes trademarks into classes based on the type of product or service. Choosing the wrong class is one of the most common reasons applications get delayed or rejected, so take time to find the class that fits your brand or product.
- File your application. Submit your application online through the USPTO’s Trademark Center. This is the most affordable and reliable filing method. You can also file by mail, hire an attorney, or use a filing service for extra guidance.
- Wait for review by an examining attorney. Your application gets assigned to an examining attorney who checks for conflicts and legal issues, which typically takes a few months. If there’s a problem, you’ll receive a letter. You’ll usually have three months to respond.
- Clear the publication period. If approved, your trademark gets published in the official journal of the USPTO, giving other businesses a thirty day window to formally oppose it. If no one objects, your application moves forward.
- Receive your registration. If you applied based on current use and no one opposed your trademark, you’ll receive your registration certificate. If you applied based on intent to use, you’ll first get a “Notice of Allowance,” then have six months to start using the mark and submit proof.
- Maintain your trademark. You’ll need to file maintenance paperwork between years five and six, and again every ten years, to keep your trademark active. You’re also responsible for monitoring and enforcing it. If someone starts using a similar name or logo, it’s on you to send a cease-and-desist letter or take legal action.