Should You Trademark Your Logo? Your Business Name?
Here's What Every Business Owner Should Know Before They Hire a Designer
You've got a business name you love. Maybe you're about to invest in branding. Or maybe you already have a logo and someone just asked "is that trademarked?" and you panicked a little. No shame — this comes up constantly. Here's what you actually need to know, in plain English. (Not legal advice — I'm a designer, not a lawyer. But I'd be doing you a disservice if we didn't talk about it.)
1. First — What Even Is a Trademark?
A trademark protects words, names, symbols, logos, or a combination of these that identify your brand in the marketplace. It's what gives you the legal right to say "that's mine" — and to stop someone else from using something confusingly similar.
2. Should You Trademark Your Business Name, Your Logo, or Both?
This is the most common question — and the answer is: it depends on where your brand's identity lives.
Name Only
Protects the words regardless of how they're designed. Good if you anticipate your visual identity evolving over time.
Logo Only
Protects the specific visual design, including fonts, icons, and layout. Less flexible since any redesign could require a new filing.
Both
The most comprehensive protection. Two separate applications, two separate fees.
Here's the thing you want to make sure you know: if you want to trademark your business name, do it before you work with a designer. The last thing you want is to fall in love with your brand, send out announcements, print business cards — and then find out your name can't be trademarked, or worse, is already taken. A name change mid-branding process is painful and expensive for everyone.
3. Who Should Really Seriously Consider This?
If any of these sound like you, move this up your to-do list:
You're building a business you plan to scale, franchise, or sell one day
You're in a competitive or saturated industry where brand recognition is everything
Your business name or logo is your primary marketing asset — it's what people know you by
You're planning to sell products (physical or digital) under your brand name
You've already invested significantly in branding, marketing, or packaging
You operate in multiple states or plan to
4. Who Is Probably Going to Be Fine - For Now
This isn't permission to never think about it. But if you're here, breathe:
You're in the early stages and still figuring out if the name is even sticking
You're a local service provider with a small, loyal client base and no plans to expand nationally
Your business is more relationship-driven than brand-driven — people hire you, not your logo
You're a sole proprietor doing business under your own name
The key phrase there is for now. A trademark is one of those things that feels unnecessary right up until it isn't — and by then it's a much bigger problem to solve. Check in on this every year as your business grows.
5. What's the Difference Between a Trademark and Just... Owning Your Business Name?
Registering your LLC or DBA with your state is not the same as a trademark.
Your state registration gives you the right to operate under that name in your state. A federal trademark gives you nationwide protection.
You can have one without the other — but only one of them will hold up if someone across the country starts using your name.
6. Should You DIY It or Hire a Lawyer?
You can file yourself through USPTO.gov — but the risk of rejection due to technicalities is real, and a rejected application doesn't come with a refund. If your business name is your primary asset and you're serious about protecting it long-term, an IP attorney is worth the investment. Resources like The Legal Paige can also help you understand the basics before you decide.
7. How Long Does It Take?
Typically 12–18 months from filing to certificate, with about 4.7 months average to first examination. Straightforward cases can finish closer to 12 months. The Story This is not a fast process — which is another reason to start before you're deep into a rebrand or launch.
8. How Does This Fit Into the Branding Process?
This is where I come in — not as a legal resource, but as someone who's seen what happens when the order of operations gets mixed up.
Here's the sequence I recommend:
Do a trademark search before you fall in love with a name (USPTO.gov has a free search tool — TESS)
Consult a trademark attorney if you're serious about protecting it
File your trademark application (or at least begin the process)
Then- come find me and let's build your brand!
If you already have a name you love and a brand you're ready to invest in, we can absolutely still work together — just flag it early so we can make sure your visual identity is built on solid ground.
Trademarks aren't the most glamorous part of building a business.
But they're one of the most important — and the good news is, starting in the right order makes the whole thing a lot less painful. When in doubt, talk to an IP attorney before you talk to a designer. And when you're ready to talk to a designer — you know where to find me.