How To Trademark a Logo

by Kate Mcormack - Solicitor

This guide contains step by step details on how to register a logo as a trademark.

Often you will have an eye-catching logo that you use as part of your business’s brand identity, along with its name. Examples of famous logos that have been successful in getting a brand noticed and remembered in the mind of the public include the Nike tick, the Starbucks mermaid and Macdonalds M.

Although your logo will be protected by copyright if it has an element of creativity about it, this only gives protection against someone else copying it in its entirety or copying a substantial part of it. It does not protect against another business using a similar logo in order to confuse the public into thinking that they are associated with your, more successful business.

The best way to protect against the risk of such confusion is to register your logo as a trademark. You can trademark a logo in the same way as a word mark and the same procedure is followed in each case.

Types of Logos That Can Be Trademarked

Your logo may simply consist of an image or words written in a particular style of lettering or it may include both an image or symbol and wording.

The same criteria apply to logos as to word marks. So the logo must not be descriptive of the goods or services that it is to be used for and must be distinctive enough to identify your business from any other.

Another consideration is that certain symbols or pictures can prove very popular amongst similar types of businesses or amongst businesses in general. For example, many businesses in the solar energy field may use logos containing pictures of the sun. So if you want to use a sun element in your logo for a solar energy related business, you will have to take more care in ensuring that your logo as a whole is different enough from those used by other similar businesses. Certain devices such as a star or tick are very common and so may not be enough on their own to turn an otherwise descriptive word mark into an acceptable logo mark. The same may apply to a logo that just contains stylised lettering or lettering or a descriptive picture or symbol in a particular colour. A trademark registration company will be able to advise you on the suitability of your logo for registration.

You may always use your logo in a particular colour or colours, in which case you may wish to submit the logo for registration in those particular colours. If this is the case, a series of identical marks in different colours can often be applied for in the same application. A series of two logos can be submitted for no additional cost but each additional logo over two costs an extra £50. There must be no significant differences between the marks in a series so the colours should be applied in the same way in each. If colour is not important to you or if you intend to use the logo in a wide variety of different colours, then you can submit a black and white version without specifying any particular colours in the application.

The logo will be registered in the exact format in which it is supplied on the registration form so you should not include any punctuation or additional text that you do not want to be registered as part of it. This includes the unregistered ‘TM’ symbol which will no longer be relevant once your logo is registered so should not be included.

Carrying Out A Trademark Search For Logo

As always, a comprehensive trademark search should be conducted on both the logo and any words contained in it to minimise the risk of another registered trademark owner from opposing your application. This is often more complex where logos are concerned as there are often several different elements to search so it is a good idea to have professional searches conducted by a trademark registration company.

The trademark search results may reveal one or more similar logos or word marks in which case you will need to decide whether to amend your logo or to proceed with it as it stands. A trademark registration company will be able to advise you on the various risks involved.

Submitting a Trademark Application For a Logo

Once your searches have been conducted and you are happy to proceed, you will need to submit the logo application to the Intellectual Property office, if it is a UK trademark registration that you require, or to the Office for Harmonisation in the Internal Market (the OHIM) if you want a Community registration (a CTM).

The Intellectual Property Office and the OHIM have specific requirements for the format in which a logo must be submitted to them for filing.

UK Trademark Logo Applications

You can include the logo in the box on the application form or attach it on a separate A4 page which should not be stapled to the form.
If your application is to be submitted electronically, the logo should be saved as a .JPEG or .TIFF file. It should be saved in RGB format and it should not be greater than 24 cm tall by 17 cm wide and 12mb in file size.
If the logo is in colour, you will need to indicate the exact colours used using an internationally recognised colour identification system. A registration company can assist with this.

CTM Trademark Logo Applications

The logo should be in .JPEG and RGB formats.
The image size for electronic applications should be no greater than 5Mb and 17cm x 24 cm, 2008 x 2835 pixels.

Where to Order Your Logo Trademark Application

The cheapest option is to issue the application yourself. Generally we would recommend that you use a specialist trademark attorney or one of the many online trademark application companies. Have a look at Trademark Direct if you want to consider using an online trademark company or Wilson Gunn if you want a specialist Trademark Atttorney to assist you.