Visual branding is a cornerstone of modern business. Whether you’re an artist, a startup founder, or a small business owner, your unique drawings can carry major brand value. But can you legally protect that artwork? Yes—with a trademark.
This guide explains what drawings qualify, the exact steps to register, and how to avoid common pitfalls.
What Does It Mean to Trademark a Drawing?
Trademarking a drawing gives you exclusive legal rights to use that image as a brand identifier in the marketplace. It's commonly used for:
- Logos
- Brand mascots
- Product labels
- App icons
- Packaging illustrations
Trademark protection ensures no other business can use a similar image for similar products or services, reducing the risk of brand confusion.
This is different from copyright, which protects artistic expression. Trademarks are tied to commerce—your drawing must be used to promote or sell something. You apply through the USPTO (United States Patent and Trademark Office), and once approved, you get exclusive rights within your category of goods or services.
Can You Trademark All Types of Drawings?
No, not all drawings qualify. The key factors are:
- Distinctiveness: Is your drawing unique and identifiable?
- Commercial use: Are you using it to represent goods or services?
- Non-generic: Generic shapes, clipart, or widely-used symbols don’t qualify.
For instance, a hand-drawn animal mascot for a dog food brand is a good candidate. A plain circle or a heart? Not likely—unless it’s heavily stylized and strongly associated with your brand.
Case Example: Starbucks’ Siren Drawing
Starbucks began with a hand-drawn siren in the 1970s. Over time, it evolved into a refined and recognized logo. Trademarking that drawing gave Starbucks long-term control and exclusive use of the image. Today, it’s registered globally and heavily protected.
Trademark vs Copyright: Know the Difference
Many creators confuse these two protections. Here’s the difference in simple terms:
Copyright protects the original artwork the moment it’s created. This includes sketches, illustrations, and digital art. You don’t have to register for protection, but registration makes legal enforcement easier.
Trademark, on the other hand, only applies when your drawing is tied to a brand. If your artwork functions as a logo or symbol of your business, you must file an application and demonstrate its use in commerce to gain protection.
So, while your fox drawing on Instagram is copyright-protected, using that same fox as your brand logo on products means you’ll need to trademark it if you want exclusive rights.
What Qualifies a Drawing for Trademark Protection?
To qualify, a drawing must:
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| Trademark Drawings Sample |
- Represent your brand in connection with goods or services
- Be unique enough to distinguish your business from competitors
- Be currently used in commerce or intended to be used soon
Drawings that are artistic but have no brand association don’t qualify. Think of trademarking as protecting brand function, not artistic merit.
If your drawing appears on clothing labels, product boxes, or digital platforms as a brand identifier, it’s likely eligible. But if it only appears in a portfolio, it’s not.
Using original drawings in commerce and consistently across branding materials improves your chances of approval.
How to Trademark a Drawing in the U.S.
Step 1: Check for Existing Trademarks
Before filing, search the USPTO Trademark Electronic Search System (TESS) to make sure no one else has trademarked a similar design. Look at both images and names in related industries.
If your drawing resembles an existing trademark, the USPTO could reject your application. Modify your design if needed before proceeding.
Step 2: Identify Your Product or Service Category
Trademarks are registered under specific classes that represent your product or service type.
For example:
- Drawings on apparel fall under Class 25
- A logo used on a mobile app belongs in Class 9
- Stickers and posters usually fall under Class 16
Choosing the correct class is essential. If you operate across multiple industries—say, clothing and digital goods—you may need to register in more than one class. This affects cost and protection scope.
Step 3: File with the USPTO
Apply online through the Trademark Electronic Application System (TEAS) at uspto.gov.
You’ll need:
- A high-quality version of your drawing
- A clear description of how it's used
- Details of your product or service
- A filing basis: either use in commerce (you’re already using it) or intent to use (you plan to use it soon)
The application fee is $250–$350 per class, depending on the form and options you select. It’s non-refundable, even if your application is denied.
How Much Does It Cost to Trademark a Drawing?
Expect to pay around $250 to $350 per class when applying through TEAS. If you're registering under multiple classes—for example, for both apparel and digital downloads—the costs add up.
Other potential costs include:
- Statement of Use fee (if you filed under “intent to use”): $100 per class
- Attorney fees (optional): $500–$1,500 depending on complexity
- Renewal fees every 5–10 years to keep your registration active
While DIY filing is possible, a trademark attorney can help reduce mistakes, rejections, and future legal disputes.
How Long Does the Trademark Process Take?
The entire process typically takes 8 to 12 months. Here’s a rough timeline:
- Application submitted: Day 1
- USPTO review: 6–9 months
- If approved, it's published for a 30-day public objection period
- If no one objects, it proceeds to registration
Filing under “intent to use” may take longer since you'll need to submit proof of actual use before full approval.
Delays can happen due to errors, conflicts, or incomplete submissions—so make sure your application is clean and accurate.
Common Mistakes to Avoid When Trademarking a Drawing
- Skipping the trademark search
- Filing blindly can lead to conflicts and rejections.
- Submitting blurry or unclear images
- Your drawing must be sharp and properly formatted.
- Selecting the wrong class
- Your application could be invalid if it doesn’t match your business category.
- Assuming copyright = trademark
- You need to register a trademark separately, even if you created the artwork.
- Not proven commercial use
- Simply creating a drawing isn’t enough—it must be used to represent a brand in commerce.
- Missing deadlines
- Ignoring follow-up filings or renewals can result in cancellation.
Avoiding these issues improves your approval odds and strengthens long-term protection.
FAQs: Trademarking a Drawing
Can I trademark a drawing I haven’t used yet?
Yes, you can file under an “intent to use” basis. But you’ll need to show proof before full registration is granted.
Is it necessary to trademark every drawing I make?
No. Only trademark artwork that’s tied directly to your brand identity or used on products/services.
Can I trademark a drawing I bought online?
Only if the artist has transferred all commercial rights to you in writing. Otherwise, you can't claim exclusive ownership.
Can different companies trademark similar drawings?
Yes—if they operate in unrelated industries. The key is consumer confusion. If there's no overlap in the marketplace, both can co-exist.
What happens if someone uses my trademarked drawing?
You can take legal action, starting with a cease-and-desist letter. If ignored, you may sue for damages or infringement.
Real-World Case: The Apple Logo
Apple's logo started as a drawing and evolved into one of the most recognizable trademarks globally. The company secured trademark rights early and enforces them aggressively—even against brands using fruit imagery.
This shows how a simple drawing, once trademarked, can become a brand’s most valuable asset.
Conclusion
A Trademark drawing is more than a legal formality—it’s a way to protect your business identity and grow with confidence.
Whether you're launching a clothing line or creating digital content, if your artwork serves as a brand marker, it deserves legal protection.
✅ Start with a trademark search
✅ Choose the correct goods/services class
✅ File clearly and accurately with the USPTO
✅ Monitor your trademark and renew it on time
The process takes time and a small investment, but it prevents legal battles and gives you peace of mind.
Ready to Trademark Your Drawing?
Don’t leave your artwork unprotected.
Start your trademark application today with help from professionals who specialize in artwork and visual branding.
Visit inventionip.com/trademark-drawings to trademark your drawing now and secure the exclusive rights your art deserves.
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