How to patent a logo?

A logo cannot be patented. Patents protect inventions and technical solutions, while logos are generally protected through trademark law.

Registering a logo as a trademark can give its owner exclusive rights to use the mark for the goods or services covered by the registration and help prevent others from using identical or confusingly similar marks.

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Why is a trademark the right tool?

Trademarks protect signs that distinguish the goods or services of one business from those of another. This can include names, words, symbols and logos.

Unlike patents, trademark protection can also continue indefinitely. Registrations are typically renewed in 10-year periods, provided the applicable renewal and use requirements are met.

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How do you protect a logo?

1. Design something distinctive. A mark that merely describes the goods is unlikely to be registrable.
2. Search existing trademarks. Check it does not conflict with a registered mark in the same class.
3. File a trademark application with the relevant office, such as the USPTO or EUIPO, in the classes covering your goods and services.
4. Keep it alive. Use the mark in commerce and renew it when due.

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Is a logo also covered by copyright?

Potentially. A logo may qualify for copyright protection if its artwork meets the relevant originality requirements.

Copyright protects the creative work itself, while trademark law protects the logo's function as an identifier of commercial origin. Depending on the jurisdiction and the logo, both forms of protection may apply at the same time.

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Could a design right ever apply?

In some jurisdictions, yes. Logos and other graphic symbols may qualify for design protection if they meet the applicable requirements.

However, when the main purpose is to protect a logo as a brand identifier, trademark registration is usually the most relevant form of protection.