Your logo is often the first thing people notice about your business. It’s on your website, your business cards, your social media profiles, and – if things go well – maybe even on merchandise or packaging that reaches thousands of people. A great logo doesn’t just look good; it becomes a powerful symbol of your brand.
But here’s the important part: your logo also needs to be legally safe. A logo design that isn’t cleared for trademark use could land you in disputes, force you to rebrand, or even expose you to lawsuits. In this post, we’ll cover how to choose a logo design with both creativity and trademark law in mind.
1. Understand What a Trademarked Logo Is
A logo can be trademarked if it serves as a “source identifier” – in other words, if it helps customers recognize that your product or service comes from you and not someone else. A good logo should be:
- Distinctive – Unique enough that it stands apart from competitors.
- Non-descriptive – A design that doesn’t simply describe your products. (For example, a logo of a hamburger for a burger shop is too descriptive.)
- Not Generic – The more original the logo, the stronger your rights will be.
2. Avoid Common Pitfalls in Logo Design
When brainstorming or working with a designer, keep an eye out for these traps that can weaken your trademark rights:
- Clip Art & Stock Images: Using generic graphics means your logo isn’t unique and may not be protectable.
- Trendy Icons: If your logo looks like every other tech startup’s minimalist swoosh, it won’t stand out – and could easily be confused with others.
Letters Alone: Single letters or basic shapes (like “just an S in a circle”) are often too weak unless paired with distinctive styling.
3. Do a Trademark Search Before You Commit
Just like with business names, your logo should be checked against existing trademarks. A quick Google Images search or reverse image search is a good start, but it’s not enough.
- USPTO Search: Check registered logos and design marks in the U.S. Patent and Trademark Office database.
- Design Codes: The USPTO uses special codes for images (called “design search codes”), so a search can reveal similar logos even if they use different words.
- Professional Search: Because design searches can get complicated, many businesses work with trademark attorneys to make sure their logo is truly clear.
4. Balance Creativity With Practicality
Your logo needs to look great, but it also needs to work across different platforms. Think about how it will appear:
- On a website favicon (tiny but important)
- In black and white or grayscale
- On packaging, labels, or merchandise
- Scaled up for signage or banners
From a trademark perspective, simpler designs are often easier to enforce because they’re recognizable even when used in different formats.
5. Decide Whether to Protect the Logo Alone or With Words
When you file a trademark application, you’ll need to choose how to protect your logo:
- Logo Only (Design Mark): Protects the design itself, regardless of words.
- Logo + Words (Combination Mark): Protects the design and the text together.
- Word Mark (Business Name Alone): Protects the name in any style or font.
Many businesses end up protecting both their word mark and their logo to cover all bases.
6. Think Long-Term
Logos often evolve over time, but a drastic change can mean losing the legal protection you’ve built. Choose a design that feels timeless and represents your business values so you won’t have to rebrand every few years.
7. Register Early
Once you’ve finalized your design, don’t wait. File for trademark protection as soon as possible. This not only secures your rights but also deters copycats and gives you leverage if someone tries to imitate your branding.
Final Thoughts
Your logo is more than art – it’s your business’s visual identity. By choosing a design that’s distinctive, legally protectable, and future-proof, you’re investing in your brand’s long-term success. A strong logo trademark ensures that when people see your symbol, they instantly know it represents you – and no one else.
If you’re ready to move forward with a new logo (or want to protect the one you already have), our law firm can help you register your design so you can build your brand with confidence.
This post is for informational purposes only and does not provide legal advice. You should contact an attorney for advice concerning any particular issue or problem. Nothing herein creates an attorney-client relationship between TM Law & Associates and the reader.
