Yes, you can trademark a logo, as long as it’s distinctive enough to identify your business and it’s actually being used in commerce. The USPTO reviews logos differently than plain business names, and there’s also a separate question worth answering first: a logo can be protected by copyright and trademark law at the same time, doing two different jobs. Knowing which one you need, and how to actually file for it, saves a lot of confusion down the line.
Here’s what actually qualifies, how the filing works, and where people tend to trip up.
Trademark vs. Copyright for a Logo
The artwork in your logo is automatically protected by copyright the moment you create it, no registration required. That protects the design itself from being copied. A trademark is a separate right, registered through the USPTO, that protects the logo specifically as a source identifier, the thing customers see and instantly connect with your business. Most companies end up relying on both, the copyright covering the artwork and the trademark covering the branding function.
What Makes a Logo Trademarkable
A logo needs to be distinctive, meaning it stands out enough that customers associate it with one specific business rather than a generic idea or a shape everyone in your industry already uses. The USPTO examines a logo largely the same way it examines a word mark, looking at whether it functions as a source identifier rather than just decoration. A few things weaken a logo’s chances during examination:
- Overly simple shapes, like a plain circle or a basic geometric outline with nothing distinctive added.
- Common symbols within your industry that customers wouldn’t associate with a single source.
- Designs that closely resemble an already registered mark in a related field.
- Purely decorative elements that don’t function as a brand identifier at all.
A logo that combines an invented shape, an unusual color pairing, or a stylized version of your name tends to clear this bar without much trouble.
Registering the Logo Alone, the Name Alone, or Both Together
This is one of the more important decisions in the process, and a lot of business owners skip past it without realizing the tradeoffs.
You have three options. Register the logo design by itself, register your business name as a plain text word mark, or file a combined mark that includes both the name and the design together as one unit.
Filing them separately usually gives you more flexibility. If you redesign your logo later, your name registration stays intact regardless. If you rebrand your name but keep a similar visual style, your logo registration still holds. A combined mark ties both together, so a change to either one can weaken your protection over the whole thing. Many established brands end up holding several trademarks: one for the name, one for a current logo, and sometimes older registrations for retired logo versions that are still technically active.
Standard Character vs. Special Form Applications
If you’re registering a name alone, without any specific font or design, that’s called a standard character mark. It protects the words themselves, no matter what font, color, or style you later apply to them.
A logo, on the other hand, always requires what’s called a special form application, since you’re protecting the specific visual design, including its layout, styling, and any graphic elements. You’ll need to submit a clear image of the mark exactly as it’s used, called a drawing, along with your application.
The Filing Process for a Logo Trademark
The steps look similar to any other trademark application, with a few logo-specific details added in:
- Search existing trademarks for similar logos or designs in your industry before filing.
- Prepare a clear digital image of your logo exactly as it appears in commercial use.
- File through the USPTO, selecting special form and identifying the correct class for your goods or services.
- Include a specimen showing the logo actually being used, like packaging, a website screenshot, or signage.
The USPTO’s trademark basics page covers the general filing steps in more depth once you’re ready to submit.
Word Mark vs. Logo Mark vs. Combined Mark
| What It Covers | Best For | |
| Word Mark (Standard Character) | The name itself, in any font or style | Businesses likely to change their logo design over time |
| Logo Mark (Special Form) | The specific visual design, exactly as filed | Businesses with a stable, well-established visual identity |
| Combined Mark | The name and design together, as a single unit | Businesses whose logo and name are rarely used apart |
Frequently Asked Questions
Can I trademark a logo I hired a designer to create?
Yes, but you’ll need to make sure you actually own the copyright to the artwork first. A written agreement transferring ownership from the designer to your business, sometimes called a work-for-hire agreement, is the safest way to confirm that before you file for trademark protection.
Do I need to trademark both my logo and my business name?
Not necessarily, but it’s common to do both. If your name and logo work together as your main brand identity, registering each separately usually offers the strongest and most flexible protection over time.
What if my logo includes a common shape, like a circle or a shield?
A common shape alone usually isn’t distinctive enough to register on its own. But if it’s combined with unique styling, color, or additional design elements that make the overall mark distinctive, it can still qualify.
Can I update my logo after it’s trademarked?
You can update your logo anytime for branding purposes, but if the design changes significantly, your existing trademark registration may no longer cover the new version. Substantial redesigns often require a new filing to keep your protection current.
How long does it take to trademark a logo?
The timeline is similar to any other trademark application, generally somewhere between 8 and 14 months for a straightforward filing with no office actions or opposition. Complications during examination can extend that considerably.
A logo is often the most recognizable piece of a brand, which makes it worth protecting properly rather than assuming a copyright alone has you covered. Take the time to search for conflicts, decide whether to file the name and design separately or together, and put together a clean application from the start. It’s a straightforward process once you understand which pieces actually need protecting.
This article is for general informational purposes only and isn’t legal advice. Trademark eligibility depends on the specific facts of each case, so talk to a licensed trademark attorney before making a final decision.