Can You Trademark a Shape? | Sapling

Can You Trademark a Shape?

Can You Trademark a Shape?
Oct 1, 2012
1 minute read
Design with copyright and trademark protection watermarks
You can trademark a unique shape this is part of a logo. Image Credit: Comstock/Comstock/Getty Images

You cannot trademark a shape by itself. However you can trademark a logo that incorporates a unique shape, like Nike's famous "swoosh." This prevents others from using your shape on commercial products without your permission. To qualify for a trademark, your design must be original. Additionally, you must plan to use the design on goods or services, and be ready to provide evidence that this is the case.

Step 1

Search the database of the U.S. Patent and Trademark Office to ensure no one has trademarked a shape that resembles your design.

Step 2

Apply for a trademark online at the U.S. Patent and Trademark Office. To qualify, you must include two copies of your logo. Additionally, you will be asked for some personal information and information about how and where the logo was created. You will also be asked for evidence that the logo will or has appeared on goods or services, and information on which ones.

Step 3

Submit your application fee. As of 2012, the application fee ranges from $275 to $325, depending on whether you apply online or with a hard copy application. You can pay the application fee with a credit card, debit card or electronic payment transfer.

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