Building a strong business identity starts with protecting it—and that often means securing trademarks. But if you're just getting started, you might be wondering: Should I trademark my logo or my brand name first? Both are valuable, but the best choice depends on your goals, your budget, and how your business interacts with customers.
Let’s break it down.
A trademark is a form of intellectual property that legally protects brand elements such as names, logos, slogans, and even sounds or colors that distinguish your products or services from others in the market. It gives you exclusive rights to use these identifiers and helps prevent confusion or misuse by competitors.
Wider Protection: A brand name can be applied across different visual uses—packaging, advertising, domain names, and more.
Stronger Brand Identity: It's often the first thing customers remember and search for.
Easier to Enforce: If someone uses a similar name, it's generally easier to prove infringement than with logo-only issues.
If your brand name is unique, memorable, and central to your identity.
If you plan to change or refresh your logo in the near future.
If your name appears in multiple formats—online, offline, packaging, etc.
Visual Identity Protection: A logo is often the most recognizable symbol of your brand.
Design-Specific Rights: You get exclusive rights to that specific visual mark.
Deters Imitation: It helps prevent competitors from using similar designs that could confuse consumers.
If your logo is the primary way customers recognize your brand, such as in fashion or retail.
If your logo includes unique design elements or stylized fonts that aren’t reflected in your plain-text brand name.
If your name is too generic or already used in some form by others.
Here’s a general guideline:
Start with your brand name if it’s unique and foundational to your business identity. It gives you broader protection and flexibility.
Trademark your logo if it carries strong market recognition or includes unique graphic elements that distinguish your brand visually.
If you have the resources, the ideal approach is to trademark both—starting with the one that offers the most brand equity and legal protection at your current stage.
Do a trademark search first. Make sure your brand name or logo isn’t already in use.
Work with a trademark attorney. The process can be complex, and expert guidance reduces the risk of rejection or future legal issues.
Register with the appropriate office. In the U.S., that’s the United States Patent and Trademark Office (USPTO).
Your brand is one of your most valuable assets. Whether it’s your name, your logo, or both, securing legal protection early on will save you time, money, and stress down the line. Start by evaluating which element—your name or your logo—is more central to how your customers identify and connect with your business.
When in doubt, protect the name first—but plan to trademark both as your brand grows.