What is a trademark?
A trademark is a word, phrase, symbol, design, or combination thereof that identifies and distinguishes the source of goods or services of one party from those of others.
Why should I register my trademark?
Registering your trademark provides several benefits:
- Legal presumption of ownership nationwide
- Exclusive right to use the mark on or in connection with the goods/services listed in the registration
- Ability to bring an action in federal court
- Use of the ® symbol
- Listing in the USPTO’s database
- Potential to record the U.S. registration with U.S. Customs and Border Protection
How long does the trademark registration process take?
The trademark registration process typically takes 12-18 months from filing to registration, assuming no major issues arise during examination.
What’s the difference between ™ and ®?
The ™ symbol can be used with any trademark, whether registered or not. The ® symbol can only be used once the mark is officially registered with the USPTO.
Can I trademark my business name?
Yes, you can trademark your business name if it’s used to identify the source of your goods or services. However, registering a business name with your state does not automatically grant trademark rights.
What’s the difference between a trademark and a copyright?
Trademarks protect brand names, logos, and slogans used to identify goods or services. Copyrights protect original works of authorship, such as books, music, and art.
How long does trademark protection last?
Trademark rights can last indefinitely as long as the mark remains in use and all required maintenance documents are filed with the USPTO.
What is trademark infringement?
Trademark infringement occurs when someone uses a mark that is identical or confusingly similar to an existing trademark, in connection with similar goods or services.
Can I do a trademark search myself?
While you can conduct a preliminary search using the USPTO’s database, it’s highly recommended to have a professional trademark attorney conduct a comprehensive search to identify potential conflicts.
What happens if someone is using my trademark without permission?
If someone is infringing on your trademark, you may send a cease and desist letter or file a lawsuit for trademark infringement. An experienced trademark attorney can guide you through this process.
Do I need an attorney to file a trademark application?
While not required, it’s highly recommended to work with a trademark attorney. They can help navigate the complex application process, conduct thorough searches, and respond to office actions from the USPTO.
What is an Office Action?
An Office Action is an official letter from the USPTO examining attorney raising legal issues and/or informational requirements that need to be addressed before a mark can be registered.
Can I trademark a logo?
Yes, logos can be trademarked as design marks. You’ll need to submit a clear drawing of the logo with your application.
What’s the difference between state and federal trademark registration?
State registration provides protection within that state, while federal registration with the USPTO provides nationwide protection and additional legal benefits.
How much does it cost to register a trademark?
The cost varies depending on the filing basis and number of classes. USPTO fees start at $250 per class. Additional costs may include attorney fees and search fees. Contact us for a detailed quote based on your specific needs.