Founding Attorney
The right time to trademark your logo is generally before you launch — or as early in the business lifecycle as possible. Every day a logo is unprotected, a competitor could file a federal application for something similar and use that filing date to claim priority. Defending your brand after the fact through opposition proceedings, cancellation actions, or infringement litigation can be quite costly. Forced rebrands may cost even more. An Austin intellectual property attorney can walk you through the filing process to identify any potential conflicts before they ever arise.
Your Logo Has Value the Moment You Start Using It
The moment your logo goes on your website, packaging, or social profiles for use in commerce, you automatically acquire what is known as “common law” trademark rights. Those rights are real, but they come with a critical limitation. Common law trademark rights only extend to the geographic area where you provide your goods or services. If your Austin business grows, starts selling online, or expands across state lines, common law protection alone leaves gaps a competitor can exploit.
You can use the ™ symbol on goods (or the ℠ symbol on services) to signal you have claimed the mark, with or without a federal application on file. That symbol is a start, but not a substitute for registration. A business in another city could independently develop rights in a similar logo without ever knowing yours exists.
What Federal Registration Actually Gets You
Federal registration through the United States Patent and Trademark Office (USPTO) changes what your trademark can do for you. The benefits of federal trademark registration include:
- Nationwide protection across the U.S. and its territories
- A legal presumption that you own the mark and have the right to use it
- The right to use the ® symbol to signal the mark is registered
- The ability to record your mark with U.S. Customs and Border Protection to block counterfeit goods at the border
- The right to bring certain infringement claims in federal court
- A path to incontestable status after five years of continuous use of a distinctive mark, which significantly strengthens your position in any infringement dispute
For Austin entrepreneurs building brands with national ambitions, federal registration is a core business asset, not a legal formality.
The Right Time to File Is Likely Earlier Than You Think
Most business owners assume they should wait until their logo is “established.” However, you may consider filing as soon as your logo is finalized and you have committed to the business. Your filing date becomes your priority date on record with the USPTO. The earlier that date, the stronger your standing if anyone files a subsequent application or challenges your rights later.
If you have not launched yet, an intent-to-use application lets you lock in a priority date before your first day of business. You file based on a plan to use the mark in interstate commerce, then submit proof of use once you are operating. This helps effectively hold your place in line of priority at the USPTO if another party files a similar application after.
A few signals that it may be time to file:
- Your logo design is settled
- You are actively building a customer-facing brand
- You plan to operate in multiple states or sell online
- You are heading into a major marketing campaign or product launch
- You are preparing to seek outside investment
The “my logo might change” hesitation is common, but it is not necessarily a strong reason to delay. If your business name is settled, a word mark offers broad protection that extends to logos incorporating that name, regardless of future design updates.
Logo or Business Name: Which Comes First?
A standard character mark (word mark) of your business’s name protects your business name across all fonts, colors, and stylizations, and it extends to the use of that name in logos that may include it. A design mark protects your specific logo graphic. Both can be filed at the same time.
For many Austin businesses, the word mark provides more flexibility, especially if a logo redesign is on the horizon. The design mark adds a second layer of protection for the visual identity you are building right now. An Austin trademark and service mark attorney can help you determine which combination fits your brand and budget.
What to Do Before You File
Before submitting any application, business owners should run a trademark clearance search. This means reviewing the USPTO’s database of registered and pending marks for anything that could be “confusingly similar” to your logo, but the search does not end there. Business owners should run a comprehensive search to find any potential conflicts, whether registered with the USPTO or not, as they could pose serious obstacles to a business down the road. The standard of whether two marks are “confusingly similar” does not require an exact match, but covers marks that are similar in appearance, sound, or commercial impression within the same or related industry.
If the USPTO examiner finds a conflict, you will receive an office action that requires a response. If the conflict is substantial, your application may be refused, and filing fees are nonrefundable. An attorney-conducted clearance search goes deeper than a basic keyword check and gives you an honest picture of your risk before you commit. The Kumar Law Firm PLLC assists clients with searches through millions of registered marks before a single application is submitted.
How Long Does It Take and What Does It Cost?
Current trademark application fees changed on January 18, 2025. The TEAS Plus and TEAS Standard tiers were retired and replaced with a single base application fee of $350 per class of goods or services. Applicants should note that additional surcharges may apply, up to $300 or more per class, for applications that use custom goods/services descriptions or are otherwise incomplete.
Trademark registrations require periodic maintenance. Between the fifth and sixth year after registration, trademark owners must file a declaration of continued use ($325 per class). Every 10 years thereafter, they must file a combined declaration of use and renewal application ($650 per class, $325 each for the Section 8 and Section 9 filings).
The full registration process typically takes around 12 to 18 months. After filing, plan for approximately 6 to 8 months before your application receives its first review. Your filing date establishes priority during that window, but the ® symbol cannot be used until registration is complete.
Ready to Protect Your Austin Logo?
Your logo is one of your most visible business assets. The best time to protect it is before someone else files a claim. The Kumar Law Firm PLLC helps Austin entrepreneurs and business owners with trademark clearance searches, federal USPTO registrations, Texas state trademark filings, and building a complete IP strategy. Contact our office to schedule a consultation.