Do I Need to Trademark My Logo? Trademarks, Copyright and AI Explained

It’s one of the questions I’m asked most often at the end of a logo or brand identity project: “Should I trademark this?” The honest answer is that it depends on what your logo is worth to you, now and in a few years’ time. This guide explains what a trademark actually does, how it differs from copyright, what it costs in the UK, Europe and the US, and why AI-designed logos complicate things.

A quick note: I’m a designer, not a lawyer. This is a practical overview to help you ask the right questions. For advice on your own brand, speak to a trademark attorney.

What is a trademark?

A trademark is a sign that tells customers who a product or service comes from. It can be a name, a logo, a slogan, even a colour or a sound. Registering it with an official body, such as the UK Intellectual Property Office (UKIPO), the EU Intellectual Property Office (EUIPO) or the US Patent and Trademark Office (USPTO), gives you the exclusive right to use that mark for the goods and services you list.

Two details catch people out. First, a registration only covers the territory it was filed in, so a UK trademark gives you no rights in France or New York. Second, it only covers the classes you choose. There are 45 classes, from clothing (class 25) to restaurants (class 43), and two businesses can register near-identical marks in unrelated classes without conflict.

Trademark vs copyright: what’s the difference?

They protect different things, and a logo can have both.

In short, copyright stops people copying your artwork; a trademark stops people trading under something that could be mistaken for your brand.

The problem with AI-designed logos

Copyright depends on there being a human author, and that is where AI-generated logos run into trouble.

In the US, purely AI-generated images cannot be protected by copyright. The courts confirmed this in Thaler v. Perlmutter, and the Supreme Court declined to review the case in March 2026 (Mayer Brown). In the UK the position is less clear. Section 9(3) of the Copyright, Designs and Patents Act 1988 gives a form of protection to “computer-generated works”, but the government’s March 2026 report suggests that provision could be removed, with no timeline yet (Herbert Smith Freehills Kramer).

“How much are you prepared to invest in a logo you may not be able to prove you own?”

That’s the real question. Every year you spend building recognition around a logo adds to its value. If you can’t show you own the copyright, you may struggle to stop a competitor using something very close to it, and the more successful your brand becomes, the more that matters.

Can you trademark an AI-generated logo?

Yes. It’s a common misconception that you need to own the copyright to complete a trademark application. Trademark offices don’t ask who, or what, designed your logo. But an AI logo does carry particular risks:

If you’re weighing up AI for your brand, I’ve covered the pros and cons in more detail in Should you use AI to design your brand?

What a registered trademark does (and doesn’t) do

Registration gives you strong legal rights, but it isn’t a force field. Nobody polices the register on your behalf: if someone uses a similar mark, it’s up to you to spot it and act.

In practice, that usually starts with a cease and desist letter from a solicitor or trademark attorney, and can lead to court if the other party refuses. A registration makes that process far simpler, because you don’t have to prove your reputation; the certificate does much of the work. Many brands also pay for a watch service, which alerts them when a similar mark is filed so they can oppose it before it’s registered.

Who is responsible for registering the trademark?

Usually you, the business owner. The trademark should be filed in the name of the business (or person) that will own and trade under the brand, not the designer.

Some agencies include trademark checks within a larger branding scope, and a good designer will steer you away from obvious conflicts. But a designer’s check is not a legal clearance search. For anything you plan to invest in seriously, a trademark attorney can run a full search and handle the application, which reduces the chance of an objection or opposition.

It’s also worth planning the timing. Ideally, search before you commit to a name and logo, and file before you launch publicly.

How much does it cost to trademark a logo?

These are the official filing fees in 2026. Professional fees for a search and application are extra, typically a few hundred pounds upwards per territory.

Because a registration is specific to both territory and class, you may need several. A skincare brand selling online in the UK and EU might file in class 3 (cosmetics) and class 35 (retail services) in both regions. UK, EU and US registrations all last 10 years and can be renewed indefinitely.

Do all brands need to register a trademark?

No. It depends on the size of your business, where you trade, and how much your logo is worth to you.

If you’re still at the logo stage, you may also find How much should you pay for a logo design? useful.

Using ™ before you register

There’s no official “pending” symbol, but the ™ symbol does a similar job, and it’s free.

Without a registration, you aren’t completely unprotected. In the UK, the law of passing off can stop someone misrepresenting their business as yours, and the US offers similar “common law” rights. But you’ll need to prove you’ve built a reputation (goodwill) in that market, which is slower, harder and more expensive than relying on a registration.

“Use ™ while you grow. Register when your logo becomes worth protecting.”

Frequently asked questions