How to Trademark a Logo: Key Considerations

Trademark Registration Steps for New York Entrepreneurs

A logo tells your story at a glance. It lives on your business cards, your packaging, your storefront, and your website. Customers come to recognize it, and trust it. That’s why protecting it matters. 

In New York, where small businesses thrive across communities like Rochester and Monroe County, failing to trademark a logo can open the door to copycats and legal headaches down the road.

At Horn Wright, LLP, our trademark attorneys help businesses turn that risk into peace of mind. Whether you're an artisan vendor at the Rochester Public Market or a growing brand in Webster, trademarking your logo helps you secure what makes you recognizable. It’s your identity. Let’s walk through how to protect it the right way.

Why Trademarking Your Logo Matters for Local Businesses

Logos carry meaning. They connect your product or service to a visual cue that customers remember. But unless you register it, someone else can use a mark that looks similar, sometimes even in the same city.

In Monroe County, where businesses often rely on tight-knit communities, that kind of confusion can do lasting harm. Your reputation, built over time, deserves legal protection.

Here’s what a trademark does:

• Establishes your ownership of the logo
• Stops others from using confusingly similar marks
• Adds value to your brand if you ever license or sell it

When your business becomes known by its logo, registration gives it legal weight.

Confirm That the Logo Qualifies for Trademark Protection

Not every image or symbol can be protected as a trademark. The U.S. Patent and Trademark Office (USPTO) looks at specific requirements.

To qualify, your logo must:

• Be distinctive and original
• Represent goods or services in active use
• Avoid generic symbols or common shapes

If your logo contains clip art, stock images, or something nearly identical to an existing trademark, it could be rejected. You’ll also want to steer clear of marks that are primarily ornamental or purely decorative.

Businesses in Rochester often work with local design agencies to create unique logos. If you’re just getting started, ask your designer to consider trademark eligibility from day one.

Run a Comprehensive Trademark Search Before Filing

Before you apply, you need to know if someone else already uses a similar logo. Skipping this step can lead to costly delays or rebranding.

The USPTO has a searchable database called TESS, which lets you look up existing trademarks. But logos aren't always stored as images. That means you’ll need to look for similar wording, design descriptions, or categories.

Tools and strategies to use:

• USPTO TESS Search
• Google Image Search
• New York Business Entity Search
• Trademark clearance by an attorney

In a market like Rochester, where many businesses focus on local names or visual themes, overlaps are more likely than you'd think.

Choose the Right Filing Basis (Use vs. Intent-to-Use)

The USPTO gives you two ways to file:

• Use in commerce: You’re already using the logo on goods or services
• Intent to use: You plan to launch soon and want early protection

If you're already selling candles at the Monroe Village Farmers Market with your logo on labels, you qualify for use in commerce. If you're still designing packaging and haven’t started sales, intent-to-use fits better.

Intent-to-use lets you secure a spot in line while you prepare to launch. It gives you time, but you’ll still need to show use later before the registration becomes final.

Prepare Your Logo Specimen and Filing Details

When you file, the USPTO requires evidence of how you actually use your logo. This is called a specimen, and it needs to reflect the real world.

Accepted specimens include:

• Product packaging
• Business cards
• Online store pages
• Menus or signage

Make sure the logo on your specimen matches the one you're registering. Even small changes can cause rejection.

You'll also describe the goods or services your mark applies to. The USPTO uses specific classification codes, so this part should be done carefully. Filing under the wrong class might delay your application.

File Your Trademark with the USPTO

Once you’ve gathered your logo image, specimen, and classification info, you're ready to file. The USPTO uses the TEAS system for online applications.

Steps to file:

1. Go to USPTO.gov
2. Choose TEAS Plus or TEAS Standard (most use Plus for lower fees)
3. Upload your logo and specimen
4. Identify your goods/services
5. Pay the required fee
6. Save your confirmation

Each application gets a serial number. Keep that for tracking progress or future updates.

Understand the Review and Response Process

After filing, your application goes to a trademark examining attorney. They review it for conflicts, clarity, and accuracy. This review process usually takes 6 to 9 months.

If they find problems, they’ll issue an Office Action, a letter explaining what needs to be fixed. It might be a technical issue, or it might involve conflicts with other trademarks.

You’ll have a limited time to respond. Often, having an attorney draft a response helps you avoid further delays or denials. Businesses in Rochester or Pittsford typically receive one round of office actions, especially if they didn’t get help early in the process.

Watch for Oppositions During Publication Period

If your application passes the examiner’s review, it moves to publication. This means it gets listed in the Official Gazette for 30 days. During that time, other trademark owners can challenge it.

This is called the opposition period. If no one objects, the trademark moves to the next stage. If there’s a challenge, it pauses while both sides present arguments.

These challenges are more common in industries with similar branding, like food, beauty, or tech. If you sell goods across New York, this phase is worth watching closely.

Maintain and Renew Your Logo Trademark

After registration, you must file paperwork to prove you're still using the logo. The USPTO doesn't send reminders, so many owners miss deadlines and lose protection.

Key deadlines:

• Between year 5 and 6: File a Declaration of Use
• Every 10 years: File a Renewal Application

You’ll need to submit a current specimen and confirm continued use. Missing these filings could cancel your registration, forcing you to start over.

Keep digital records of logo use to make renewals easier. That means saving files like product photos, menus, and website screenshots.

Enforce Your Rights if Someone Uses Your Logo

Once registered, your logo gains legal protection. But you’ll still need to monitor and act if someone starts using something too close to it.

Watch for red flags:

• New businesses in Monroe County with similar names or marks
• Online sellers using your visuals
• Domain names that look like yours
• Logos with shared design features

You can send a cease and desist letter or work with an attorney to take formal action. In some cases, a firm but fair email resolves it. Other times, legal steps are needed to stop unauthorized use.

Final Takeaway: Trademarking a Logo Builds Long-Term Security

Your logo is more than design. It’s brand recognition. If you’re serious about your business in Rochester or anywhere in New York State, it’s worth protecting. Trademarking your logo helps you do that.

At Horn Wright, LLP, we help local entrepreneurs protect their visual identity from copycats and confusion. When you're ready to secure your brand’s future, our team stands ready to help you file, monitor, and enforce your rights, all with clarity and care.