How to Trademark a Drawing for a Patent Application

Understanding the Difference Between Trademarks and Patents

Before you file, it’s important to recognize the legal distinction between trademarks and patents. Trademarks protect visual branding elements like logos, symbols, and drawings that identify your goods or services. Patents, on the other hand, are meant to protect inventions, processes, and physical product designs.

If your drawing is part of your brand image — like a logo or a unique character — then you’ll be looking at trademark protection. But if the drawing is a visual representation of a product’s functional or ornamental features, you might need to apply for a design patent instead.

Can You Trademark a Drawing?

Absolutely. As long as your drawing functions as a brand identifier and is used in commerce, it qualifies for trademark protection. If the drawing simply serves as decoration or has no commercial use, it likely won’t meet the requirements.

Example: The Nike Swoosh

Take the iconic Nike Swoosh. It’s not just a curved line — it’s an instantly recognizable symbol that represents the Nike brand. This drawing has been trademarked and is protected under U.S. law, showcasing how a simple image can hold massive brand value.

When Is a Drawing Eligible for Trademark Protection?

Your drawing must meet these key requirements:

• It should be unique and distinctive, not a generic image or common shape.

• It must be used in commerce, meaning it appears on your product, packaging, or promotional material.

• It cannot be confusingly similar to any existing registered trademarks.

Drawings used in logos, stylized characters, or symbolic graphics can all qualify — provided they help identify and distinguish your product or service from competitors.

Step-by-Step Guide: How to Trademark a Drawing

1. Search Existing Trademarks

Start with a comprehensive search using the USPTO’s TESS database. This step helps you avoid legal issues by ensuring no similar trademarks are already registered. You can also check online marketplaces, websites, and social platforms for potential conflicts.

If you’re unsure about interpreting the results, it’s smart to consult an IP attorney or a trademark filing service.

2. Define the Drawing’s Purpose

Clearly define how and where your drawing will be used. Will it appear on packaging? Is it a logo or part of your marketing strategy? This helps determine the appropriate trademark classification, which is crucial for a successful application.

3. Select the Right Trademark Class

Trademarks are divided into 45 international classes. Each class protects specific goods or services. For instance, if you’re using the drawing on apparel, you’ll likely file under Class 25. If the drawing appears on tech products, Class 9 may be appropriate. Choose the correct class to ensure your protection is valid in your industry.

4. Prepare a High-Quality Image

Make sure your drawing is in the proper format before submitting it to the USPTO:

• Use a JPEG file format

• Ensure it’s under 5MB

• Submit a clean, professional image

• Use black and white unless you want to register the color as part of your trademark

Simplicity is key. A clean, recognizable drawing is easier to enforce and remember.

5. Submit a Specimen of Use

You’ll need to upload a real-world example of how your drawing is being used commercially. This could be:

• A product label

• A website screenshot featuring the drawing

• A photo of packaging

Mockups and future plans won’t be accepted. The image must already be in use.

6. File Your Trademark Application

Go to USPTO.gov and choose between:

• TEAS Plus (lower cost, more detailed upfront)

• TEAS Standard (more flexibility, slightly higher fee)

You’ll submit ownership information, a description of your drawing, the image file, and its classification.

7. Watch for Office Actions

The USPTO will assign an examining attorney to review your application. If they notice issues, you’ll receive an Office Action — a formal letter asking for clarification or stating reasons for refusal. Responding quickly and thoroughly is crucial to keep your application on track.

8. Publication and Opposition Period

Once accepted, your drawing will be published in the Official Gazette. This starts a 30-day window where anyone can oppose your registration. If no one challenges it, your trademark will proceed to registration.

9. Maintenance and Renewal

You must continue using your drawing and file required documents to maintain your trademark. Between the 5th and 6th year, file a Declaration of Use. At the 10-year mark, file a renewal. Consistent, visible use of your drawing is essential to keep your protection valid.

Trademark or Design Patent: Which Do You Need?

Here’s a simplified way to decide:

• If your drawing is part of your brand identity, like a logo or mascot, get a trademark.

• If your drawing is part of a product’s look, especially for visual appeal, consider a design patent.

Design patents typically expire after 15 years and don’t require proof of use. Trademarks, on the other hand, can last forever if properly maintained and renewed.

Example: Apple Inc.

Apple uses both forms of protection. The apple logo is trademarked, ensuring brand protection. Meanwhile, the rounded edges of iPhones are protected through design patents. This dual protection ensures their visuals and identity stay safe from imitation.

Frequently Asked Questions

Can I trademark a hand-drawn image?

Yes. Just digitize it into a clean, high-resolution format that meets USPTO requirements.

Do I need to be using the drawing before I apply?

You can file a trademark application based on “intent to use,” but you must eventually submit proof of actual use before registration.

How long does it take to register a trademark?

Most trademarks take 8 to 12 months from filing to registration, depending on complexity and objections.

Do I need a lawyer to file?

No, but hiring a professional can help avoid costly mistakes. Trademark filings are legal documents, and errors can result in denial or loss of rights.

What happens if someone copies my drawing?

If your drawing is trademarked, you can enforce your rights. Start with a cease-and-desist letter. If the infringement continues, legal action may follow.

Can I file for international protection?

Yes. You can use the Madrid Protocol to file for trademark protection in multiple countries through a single application.

Pro Tips for Successful Trademarking

• Keep it simple and original: The more distinct your drawing, the easier it is to register and defend.

• Document everything: Keep records of your drawing’s creation and commercial use.

• Monitor your trademark: Use online tools to check for unauthorized use or similar trademarks.

• Use your drawing consistently: This strengthens your brand and supports your case in legal disputes.

Conclusion

Trademarking a drawing protects more than just your art — it safeguards your brand, builds trust, and adds value to your business. Whether you’re a solo creator or an established company, securing legal ownership of your visual identity is a smart move.

Don’t leave your hard work unprotected. If you’re ready to get started or want expert guidance, help is just a click away.

Protect your drawing today: Visit inventionip.com to start your trademark journey now!