Protecting Your Brand

Protecting your brand’s intellectual property is a crucial step for any business, especially when you’re just starting out and working with limited resources. Today, I’d like to discuss the process of trademarking your logo and some cost-effective ways to go about it.

Trademarking your logo is an important step in safeguarding your brand identity. While it may seem daunting, there are several approaches you can take, even if you’re on a tight budget.

First, let’s clarify the difference between trademarks and patents, as there’s often confusion between the two. A trademark protects brand names, logos, and slogans used to identify goods or services. Patents, on the other hand, protect inventions and discoveries. For most businesses, trademarking a logo falls under trademark protection, not patent protection.

Now, addressing the misconception that Aaron mentioned: simply putting something out on the media or the web does not automatically trademark or patent it. However, using your logo in commerce does establish some common law trademark rights. This means you have some level of protection in the geographic area where you’re using the mark, but it’s limited compared to federal registration.

The easiest and most cost-effective way to start protecting your logo is to use the ™ symbol next to it. This symbol can be used without registering with the United States Patent and Trademark Office (USPTO) and indicates that you’re claiming trademark rights to the logo.

If you want stronger protection, consider these budget-friendly steps for trademarking your logo:

1. Conduct a thorough search: Before filing, search existing trademarks to ensure your logo doesn’t infringe on others. Use the USPTO’s free Trademark Electronic Search System (TESS).
2. Use the TEAS Plus filing system: This is the USPTO’s least expensive filing option. As of 2025, it costs $250 per class of goods or services.
3. File yourself: While it’s recommended to use an attorney, you can file the application yourself to save money. The USPTO website provides detailed instructions.
4. Start with a single class: If your business spans multiple classes, consider starting with the most important one to keep initial costs down.
5. Monitor your application: Stay on top of USPTO communications and respond promptly to avoid additional fees or abandonment of your application.

Remember, while these methods can help you trademark your logo on a budget, they do require time and attention to detail. As your business grows, you may want to consult with a trademark attorney for more comprehensive protection.

In conclusion, trademarking your logo is an important step in protecting your brand identity. While it’s not automatic when you publish your logo, there are cost-effective ways to establish and strengthen your trademark rights. Start with using the ™ symbol, conduct thorough searches, and consider filing with the USPTO using the TEAS Plus system. By taking these steps, you can begin to safeguard your brand’s visual identity, even on a limited budget.