When to Trademark a Logo, and What to Do if Your Rights Are Violated.

Registering a trademark takes time and money, so it is worth asking a question most guides skip: should you always do it, and do it now? Not necessarily. Here is when waiting is the smarter move, how to use the trademark symbols in the meantime, and what to do if someone helps themselves to your mark. (New to trademarks? Start with our complete trademarking guide.)

Is there a reason not to trademark?

Yes, sometimes waiting is the smartest move for your business. If your plans are not yet set in stone and there is a real chance things fall through, hold off. Registration takes a long time and costs a decent sum, and it is wasted on a temporary venture or a business you are not certain will last.

The same logic applies creatively. If the logo is not unique or eye-catching, there is little point protecting it, you want a mark that produces results, not just an image that looks acceptable. And if you are not completely satisfied with the design, do not register it yet: overhaul or scrap it later and the original trademark becomes money down the drain. Protect the logo you intend to keep.

Using the symbols while you decide

A pending trademark can be shown in text with the ™ symbol, on announcements, social media and imagery. On Windows, hold Alt and type 0153 for ™, or 0174 for the registered ® symbol; on a Mac, Option-2 gives ™ and Option-R gives ®. The ® symbol is reserved for marks that have actually completed registration.

What if your trademark rights are violated?

Hire an experienced lawyer, ideally one versed in intellectual property, and act. A cease-and-desist letter usually does the trick; some cases need more. Be aware that courts do not always hand one party everything, a judge can find that two businesses may both keep using similar marks, which is how Apple Inc. and Apple Corps coexisted for decades: different companies, similar names.

The deeper protection is a mark worth defending in the first place. New and growing brands should take real time over the logo, you want to be remembered and unique, and that takes thought and creativity. The outcome is worth it, and it is exactly the work our brand identity service exists to do.