By Michael Kondoudis, Small Business Trademark Attorney
This is our EASY guide to trademarking an image or picture.
If you want to learn how to trademark an image or picture then read on – this guide is for you.
Let’s get started.
CONTENTS
This article explores issues that trademark owners need to know, including:
> I. THE BASICS OF TRADEMARKS
> II. IMAGE TRADEMARKS
> III. TRADEMARKING IMAGES
> IV. TRADEMARKING PICTURES
> V. WORKING WITH THE U.S. PATENT AND TRADEMARK OFFICE
> VI. TOP REASONS TO TRADEMARK IMAGES AND PICTURES
> VII. FREQUENTLY ASKED QUESTIONS
I. TRADEMARK BASICS
What is a Trademark?
A trademark is a signal to consumers that distinguishes a company’s goods and/or services from the competition. Trademarks protect brands. This, in turn, reduces consumer confusion and encourages consistent quality.
Trademarks offer national protection from imitation by copycats.
Company names, logos, catchphrases, and product names can be trademarks. The most popular types of trademarks are:
- names
- logos
- phrases
- characters
Can You Trademark an Image?
Yes, you can trademark an image when you use it in your branding. Images can be trademarked. So, if you are using an image to tell customers that a product or service comes exclusively from you, you can trademark the image. Trademarking an image is the best way to protect it for your brand.
The answer to the question “can you trademark an image?” is yes!
Can You Trademark a Picture?
Yes, you can trademark a picture when you use it as a brand. Pictures can be trademarked. So, if you are using a picture to tell customers that a product or service comes exclusively from you, you can trademark the picture. Trademarking a picture is the best way to protect it for your brand.
The answer to the question “can you trademark a picture?” is yes!
II. IMAGE TRADEMARKS
What is an Image Trademark?
An image trademark is a trademark for a graphic or illustration that a company or business uses in its branding. The most common image trademarks are likenesses, characters, and logos.
III. TRADEMARKING IMAGES
Can You Register an Image as a Trademark?
Yes, you can register an image as a trademark by applying to the U.S. Patent and Trademark Office (USPTO). The USPTO accepts applications for image trademarks that represent brands. So, the USPTO allows you to trademark an image if it’s used in your branding. This can be a valuable asset for your business, helping to protect your brand identity.
Do You Need to Trademark an Image?
Yes. If you are investing in a brand and using an image to represent the brand, you should trademark the image by registering it with the U.S. Patent and Trademark Office (USPTO).
Trademarks protect brands and the names, logos, and images that represent brands.
How to Trademark an Image
Trademarking an image that represents your company, product, or service is the best way to protect it – and your brand. Knowing how to secure an image trademark is important. Here’s how to trademark an image in six steps:
1. Develop a unique and distinctive image (e.g., a logo, character, or likeness)
2. Search the USPTO trademark database for existing trademarks to confirm that no one has registered the image
3. Collect the information required for a new application and decide on a trademarking strategy
4. Prepare and file your new application with the U.S. Patent and Trademark Office (USPTO)
5. Navigate the USPTO application review process
6. Use the correct trademark symbol. Read more about trademark symbols here.
Generally, you trademark an image by applying to the U.S. Patent and Trademark Office (USPTO) and getting your application approved for registration. Trademarking with the USPTO is a legal process that usually takes about 12 months. So, the sooner you start trademarking your image the better.
See How My Law Firm Can Help You Protect Your Trademark
New Applications – Legally own your trademark.
Office Actions – We can navigate the trademarking process at the USPTO.
Enforcement – Flex your trademark rights. Stop copycats.
How Long Does It Take to Trademark an Image?
It takes about between 12 to 18 months to trademark an image with the U.S. Patent and Trademark Office (USPTO).
IV. TRADEMARKING PICTURES
Can You Register a Picture as a Trademark?
Yes, you can register picture as a trademark by applying to the U.S. Patent and Trademark Office (USPTO). The USPTO accepts applications for picture trademarks that represent brands.
The USPTO allows you to trademark a picture if it’s used in your branding. This can be a valuable asset for your business, helping to protect your brand identity.
Do You Need to Trademark a Picture?
Yes. If you are investing in a brand and using a picture to represent the brand, you should trademark the picture by registering it with the U.S. Patent and Trademark Office (USPTO).
Trademarks protect brands and the names, logos, and pictures that represent brands.
How to Trademark a Picture
Trademarking a picture that represents your company, product, or service is the best way to protect it – and your brand. Knowing how to secure an image trademark is important. Here’s how to trademark picture in six steps:
1. Develop a unique and distinctive picture (e.g., a logo, character, landscape, or likeness)
2. Search the USPTO trademark database for existing trademarks to confirm that no one has registered the picture
3. Collect the information required for a new application and decide on a trademarking strategy
4. Prepare and file your new application with the U.S. Patent and Trademark Office (USPTO)
5. Navigate the USPTO application review process
6. Use the correct trademark symbol. Read more about trademark symbols here.
Generally, you trademark a picture by applying to the U.S. Patent and Trademark Office (USPTO) and getting your application approved for registration. Trademarking with the USPTO is a legal process that usually takes about 12 months. So, the sooner you start trademarking your image the better.
How Long Does It Take to Trademark a Picture?
The process to trademark a picture with the U.S. Patent and Trademark Office (USPTO) takes between 12 to 18 months.
V. WORKING WITH THE USPTO
Where Do You Trademark an Image or Picture?
You trademark an image or picture by filing an application with the U.S. Patent and Trademark Office (USPTO). The USPTO accepts applications to trademark image trademarks online via its Trademark Electronic Application System (TEAS).
When Should You Trademark an Image or Picture?
Most experts agree that you should trademark your image or picture sooner rather than later. The process of trademarking an image or picture usually takes more than a year. So, the earlier you start, the sooner you’ll have confirmation that you legally own your image or picture and that it is protected. Plus, if you encounter any obstacles to registration, you will have more time to address them.
Also, you do not need to wait until you start using the image or picture as your trademark. It is possible to start trademarking an image or picture as soon as you decide to use it.
See How My Law Firm Can Help You Protect Your Trademark
New Applications – Legally own your trademark.
Office Actions – We can navigate the trademarking process at the USPTO.
Enforcement – Flex your trademark rights. Stop copycats.
Why Trademark an Image or Picture?
Trademarking an image or picture is the best way to protect it and make certain that it is exclusively yours for your brand. When you trademark an image or picture, you ensure that it:
• is available for your exclusive use, does not infringe anyone else’s trademarks, which saves you legal headaches
• stay unique and stands out in the marketplace over time, which keeps your brand recognizable and more trusted
• stays legally yours so that you never have to rebrand, so you can invest and promote your brand with confidence.
These benefits protect your profits. Read our quick guide to all of the reasons to register a trademark.
VI. REASONS TO TRADEMARK IMAGES AND PICTURES
The top five reasons to trademark an image are:
1. You will avoid future branding conflicts
2. No one else in your industry will be able to trademark it
3. It will be easier to stop imitators
4. It will increase trust and recognition in your brand
5. You will be able to use the ® symbol
Avoid future conflicts: Trademarking your image ensures that your image does not conflict with any existing trademark registrations. Trademarking involves research to make sure that no one else has trademarks that are the same or similar to your image. Plus, the USPTO only registers trademarks that do not conflict with existing registrations. So, the trademarking process confirms that your image: (1) does not infringe any existing registered trademarks and (2) is available for your exclusive use
Prevent trademarking by others: Trademarking your image will prevent any competitors from trademarking the same or similar name image for their products or services. As a general rule, only one person can own a trademark in an industry. So, by trademarking your image, you ensure that no one else can trademark it and take it from you. This makes trademarking great insurance against ever having to rebrand.
Stop imitators: Trademarks, including image trademarks, come with legal presumptions that make protecting your brand easier and less expensive.
Trust: Trademarking your image will increase its value and the value of the property it represents. Trademarks ensure authenticity, which increases trust in your brand.
Use the ® symbol: Trademarking your image gives you legal permission to use the ® trademark symbol with them. The ® symbol is “public notice” that your image trademark is protected under federal law. This enhances your brand credibility and warns competitors to stay clear of your marks, both of which promote trust in the authenticity of your brand.
Remember: Once you have registered your trademark, it will be officially yours and no one else can use it (or anything similar) without your permission.
VII. FREQUENTLY ASKED QUESTIONS
1. Do you copyright or trademark an image?
It depends. If the image is original artwork that you want to protect from use without your permission, then you should copyright it. If the image is closely associated with your brand, you should trademark it. Copyrights protect creative works while trademarks protect names and logos that represent brands.
Learn More: Our Easy Guide to Trademark vs. Copyright
So, if you are using an image to represent your brand, you should seek a trademark registration to protect it. But, your image may also qualify for copyright protection as well.
2. Do you copyright or trademark a picture?
It depends. If the picture is original artwork that you want to protect from use without your permission, then you should copyright it. If the picture is closely associated with your brand, you should trademark it. Copyrights protect creative work while trademarks protect names and logos that represent brands.
So, if you are using a picture to represent your brand, you should seek a trademark registration to protect it. But, your picture may also qualify for copyright protection as well.
3. Can you trademark a person’s likeness or image?
Yes, if the likeness is being used to represent a brand then it is eligible for trademark protection. An example of a trademarked likeness is Kentucky Fried Chicken’s “Colonel Sanders”.
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For more than twenty years, Michael Kondoudis has been the go-to trademarking expert for businesses of all shapes and sizes. Michael is a USPTO-licensed trademark and patent attorney, educator, speaker, and author of the Amazon best-seller: Going From Business Owner to Brand Owner. He is also an authority trusted by national news media on major trademark stories.
Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).