Can I Trademark Artwork?

Yes, you can trademark artwork, but only if it's artwork that you use to sell or promote your products or services.

This information was provided by our founding attorney, Xavier Morales, Esq. 

If you use a particular piece of artwork as the logo for your business or individual services, it is entitled to the same protections that any other logo would receive under trademark law. When registering a trademark, it is important to include all design aspects in your application so that a more complete application can be filed.

In order for you to trademark your artwork you must demonstrate to the USPTO that your mark is descriptive, unique, and has a second meaning. As trademark applications are quite expensive, it is advisable to have all of these aspects double checked by an attorney before you file your application. The USPTO will not refund your application fee if they reject your application.

Looking to Protect Your Art?

For further guidance regarding trademarking your artwork, contact us today.

The Steps to Getting Art Trademarked

Step 1: Perform A Comprehensive Search

We will conduct a thorough trademark search to ensure your desired mark doesn’t closely resemble existing registered trademarks. Seeking an attorney's help can aid in identifying both exact matches and "confusingly similar" marks, as they have access to various databases and can discern subtle distinctions.

Step 2: File the Trademark Application

After due diligence, we file a trademark application through the Trademark Electronic Application System (TEAS) or its alternative, TEAS Plus. The choice between these two can impact costs and requirements; we'll provide guidance on this decision and help navigate the complexities.

Step 3: Monitor Your Application

Once the application is submitted, expect a waiting period of 4 to 6 months for feedback from the USPTO. While the initial response might be an approval, there's a possibility of receiving an Office Action or denial, but amendments can typically be made and refiled.

Step 4: Finalize Your Registration

Upon application approval, the trademark will be published in the Trademark Official Gazette for 30 days, allowing potential opposition from other companies. If opposed, the case might proceed to the Trademark Trial and Appeal Board (TTAB). If unopposed, a certificate of registration will be issued, but ongoing maintenance is essential to preserve trademark rights.

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More Common Trademark Questions

Xavier Morales, Esq.

About the Author

Xavier Morales, Esq.

Mr. Morales founded his trademark law practice in January 2007 with the goal of providing intellectual property expertise to entrepreneurs and businesses around the country. Since then, he has filed more than 6,000 trademarks with the USPTO. You can learn more about Xavier here.

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