Us Trademark Service is not a law firm and none of the information on this website constitutes or is intended to convey legal advice. General information about the law is not the same as advice about the application of the law in a particular factual or legal situation. Individual facts and circumstances as well as legal principles including but not limited to the ones referenced on this website can affect the outcome of any given situation.Us Trademark Service cannot and do not guarantee that an application will be approved by the USPTO, that a mark will be protected from infringement under common US trademark law, or that any ensuing litigation or dispute will lead to a favorable outcome.

A trademark generally protects a word, phrase, symbol and/or design that distinguishes the source of the goods -- what we think of as brand name and brand recognition. A patent generally protects an invention, including the functionality or design, or in other words, “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.” 35 U.S.C. § 101. Copyrights, meanwhile, generally protect artistic works such as books, photographs, arts, movies and music.

Under U.S. law, a “common law trademark” is generally established when someone uses a company name, logo or slogan in commerce, even if it is not registered. So, why pay to register a trademark when a common law trademark may already exist? Common law rights ordinarily are limited to the geographic area where the mark is used as opposed to the nationwide protection customarily obtained when a mark is registered with the USPTO. So, unless registered, the use of a mark can be geographically limited, which hampers the ability to expand the brand. On the other hand, a person using a mark in a limited geographic area could be boxed in by someone else who offensively registers a similar mark. In addition, registration of a trademark can give the person holding the registered trademark a leg up in court as to the validity of the mark and the date of usage in later trademark infringement litigation, if it comes to that. There are also favorable remedies available to registered trademark owners in the event of litigation. Finally, once a trademark is accepted by the USPTO, it will be maintained in the USPTO database, which can discourage others from using the mark in the future. Future companies should be on notice that the mark is already spoken for, which should in turn help avoid at least some disputes.

The USPTO does not always give its stamp of approval to trademark applications. 'Generic,' 'descriptive,' 'suggestive,' 'arbitrary,' and 'fanciful' are some of the ways in which names are typically described by the USPTO. If a trademark application is more 'fanciful' or less 'generic,' the USPTO is more likely to register it. It is uncommon for generic names to be protected. Case in point: 'The Screwdriver Company' is probably not a good choice for a trademark for a firm that makes screwdrivers. The United States Patent and Trademark Office is not likely to accept names that are merely descriptive either. As an example, 'The Metal Screwdriver Company' probably won't cut it as it just says that screwdrivers are metal. Typically, descriptive marks can be protected as trademarks, although this is contingent upon their having acquired what is known as 'secondary meaning.' What this means is that people still link the product with a particular brand because of the well-known name, even when it's actually generic. The multinational corporation IBM is one such example. Typically, a secondary meaning has not been achieved by fledgling enterprises since they are not yet well-known enough. Since generic names do not often acquire a secondary meaning, the USPTO is not likely to register them. Use suggestive marks, which frequently imply quality or another facet of the organization, to increase the likelihood of approval. For instance, the USPTO is more likely to register 'Herculean Screwdriver Company' than 'Strong Screwdriver,' even though the two terms mean the same thing. On the other hand, distinguishing between descriptive and suggestive marks can be challenging. Some well-known instances of suggestive markings include Citibank, which offers banking services, and Microsoft, which creates software for microcomputers. These names are popular among brand owners because they convey the essence of the company to consumers without requiring costly and time-consuming advertising or further education to spread the word about the product. Random markings follow on the heels of that. Words that already exist but are being used in a way that has nothing to do with their typical, everyday meanings are these. So, Chocolate Screwdrivers could be useful. Apple Computers (not to be confused with Apple Records) is a prime example of an arbitrary mark. As a last point, whimsical marks are usually the most easily acceptable marks. A whimsical mark is one that is completely made up or uses an uncommon word that doesn't relate to the items in any way. A screwdriver company's 'Glotz' could be appropriate. Yahoo!, Google, Exxon, and Spotify are a few companies with imaginative trademarks.

Initiating the process will usually take anywhere from 5 to 10 minutes on the Us Trademark Service website. For a typical application, be prepared to provide at least the following:

• The actual mark you want to use.
• The full legal name and address of the owner of the mark.
• (If your mark is 'In Use') A copy of the specimen which is an example that shows you are using the mark in commerce. This could be a picture of your product or a website advertising your service.
• A category of the goods or services where you are using your mark from our drop-down menu and a description of your goods or services.
• (If your mark is 'In Use') The date you first used the mark in commerce and the date you first shared the mark anywhere.

It is common practice to register a name, logo, or slogan in connection with the selling of goods as a trademark.

It is common practice to register a name, logo, or phrase associated with the provision of services as a service mark.

Before beginning the registration procedure, it is a good idea to search for your mark to make sure there are no obvious duplicates. This will save you from paying the nonrefundable application fees.Companies that are just starting out may find it easier to alter their name during this early stage rather than after they have invested much in their brand and the goodwill that comes with it.You shouldn't assume that you have better rights to a mark just because you did a search with the USPTO. Someone might be using a confusingly similar mark without registering it with the USPTO. If that is the case, the owner of the previously used mark may be able to oppose the registration using common law trademark rights.

In-Use trademarks applications are commonly filed by companies already selling products and services using the mark. When the mark is not in use yet (e.g., prior to forming the company or beginning to sell goods/services in commerce), an “intent-to-use” application may be more appropriate. An intent to use application can be understood as establishing a place in line to use the mark. After getting approval from the USPTO, they will issue what is called a Notice of Allowance. At this point, you have 6 months to show the USPTO you are now using the trademark in commerce through what is called a Statement of Use. However, you are allowed to extend this period of time (for up to a total of three years) you need more time to begin selling your goods/services. Statement of Use and Extension filings may be done using Us Trademark Service’s custom and proprietary portal. When the applicant begins selling their goods/services in connection with their trademark, then they notify

It could be beneficial to register a name and logo together. It would still cost you at least $700 if you were to apply independently.Registering the trademark for the name alone might be a less expensive alternative. It appears that the misuse of names is more prevalent than the misuse of logos. In most cases, trademarking a name offers more comprehensive protection since it forbids any potentially confusing use of the term, including attempts to incorporate the name into a distinctive logo.The form, orientation, stylization, and, in some cases, color of a logo are usually protected by a trademark. When you register a logo, it usually stops other people from using it or one that looks too similar. Logo registration may only safeguard the use of the named company's name in the context of the logo and not the name itself, regardless of whether the name appears in the logo or not. In addition, a new application is typically necessary for updated or revised logos. To no one's surprise, it appears that logo changes occur more frequently than name changes.

Most states allow incorporation with a chosen name as long as it does not conflict with another name also registered with that state. For instance, ACME Co. may be available in Texas, but there could be an ACME Co. in New York that has already registered that trademark and under trademark law has the exclusive right to use that name throughout the United States. Name conflicts that may arise when forming a business within a state are generally determined by a different analysis than name conflicts that may arise with trademarks.While actually using a name to sell a product or service may provide common law trademark rights, being allowed to use a company name or a d/b/a does not typically provide any trademark rights. Registering a trademark with the United States Patent and Trademark Office is generally better than relying upon common law rights and the mere fact that a given state allows the use of a certain name.Conversely, the availability of a trademark with the USPTO is not a guarantee that a given state will permit the use of that corporate name. The USPTO generally does not search individual state or d/b/a filings. But, Us Trademark Service’s comprehensive search reports cover both the USPTO, state and d/b/a filings as well other sources to help determine the availability of a desired brand.

There are a number of different categories (also known as an International Classes) that can be used to identify particular goods or services. The USPTO has developed a pre-determined list of trademark categories from which to choose. It may be helpful to register a mark within multiple classes (for example a company that operates a restaurant chain (Class 043) and sells items in grocery stores using the restaurant's name (Class 030)). Bear in mind that there is a USPTO filing fee for each selected category. Check out WIPO's Nice Classifications to see broader descriptions of each available category.Before picking a category, it may be helpful to decide if you are selling a good or a service. Goods are generally physical items like nuts, bolts, beer and t-shirts. Services generally focus on particular activities such as legal, consulting or accounting services. In some circumstances, it may be helpful to register under multiple classes.The selection is important because a registered trademark generally protects only the category listed in the application. Broader categories may provide more protection, but if the category does not accurately fit the applied for good or service, the registration could be invalidated. Also, changing the class designation can be difficult and require an additional filing fee.Bear in mind that a company name and particular product names may each be trademarked separately and may each involve different categories. Each registration would require the payment of additional fees to the USPTO.

The trademark application contains a section for a description of goods and services. Typically, this section is at least two words long but should not exceed a sentence. Dealing with the description of use is like playing Goldilocks and the Three Bears. If it's too broad, the USPTO might reject the application because it infringes on another trademark, but if it's too narrow, the application won't cover all of a business's offerings. The ideal description of use usually follows these guidelines:

• Not too narrow so that some of the intended goods and services aren’t protected.
• Not too broad so that the application gets rejected when it shouldn’t be.
• Does not include an open-ended list by using phrases such as “including,” “etc.” and “such as.”
• Does not simply repeat the broader category name.
• Does not use a term that fits into multiple categories (for example, “belts” could include tool belts in the Hand Tools Category and a suspender belt which would be in the Clothing Category).
• Uses plain English recognizable and understandable outside a given industry.
• Punctuation matters, so consider the difference between a semi-colon and a comma.

Much like how the availability of a corporate name in a given state does not necessarily provide superior trademark rights to use the name in commerce, the availability of the US Trademark Service is not an indication either. A company could have a trademark name on a product or service, but not have acquired the US Trademark Service. The availability of the US Trademark Service should be one part of a comprehensive search, which Us Trademark Service offers, to help evaluate the strength of a brand name or slogan and the likelihood of a trademark being approved.Using a US Trademark Service as part of a brand that sells goods or services may establish common law trademark rights. A “common law” trademark can be established when a name, logo or slogan is used in commerce, even if it is not registered. Common law rights, however, are limited to the geographic area where the mark is actually used as opposed to the nationwide protection typically established by registration of a mark with the USPTO. The geographic limitations of an unregistered mark can make it difficult to expand a business. On the other hand, a person using a mark in a limited geographic area could be boxed in by someone else who offensively registers a similar mark. In addition, registration of a trademark customarily gives the person holding the registered trademark a leg up in court as to the validity of the mark and the date of usage in later trademark infringement litigation, if it comes to that. There are also favorable remedies available to registered trademark owners in the event of litigation. Finally, once a trademark is accepted by the USPTO, it should be maintained in the USPTO database, which can discourage others from using the mark in the future. Future companies should be on notice that the mark is already spoken for, which should in turn help avoid at least some disputes.

• Nationwide protection
• Presumed right to the exclusive use of the mark nationwide
• Presumed validity of the mark in a lawsuit
• Additional remedies in court
• May increase the value of the company
• You can record the mark with the U.S. Customs and Border Protection, which may help stop importation of infringing or counterfeit goods into the U.S.
• The right to use the ® symbol

When a firm's web address includes the company name followed by '.com,' it can be protected through a trademark registration for the company name. According to the USPTO, the.com extension is typically not taken into account as part of a company's name since it does not reveal the origin of goods and services through the.com or any other generic top-level domain (gTLD). The US Trademark Service alone may be sufficient for an internet company that uses the website's name in all of its promotional materials. A registered trademark can aid in the prevention of cybersquatting and the use of US Trademark Services that are confusingly similar, even in the absence of separate US Trademark Service registration. Rights and remedies for trademark holders in the US may be expanded under the Anti-Cyber Squatting Consumer Protection Act and the Uniform US Trademark Service Dispute Resolution Process.

A business should think about trademarking their slogan in relation to their products or services before pouring resources into a marketing campaign using that slogan. A catchphrase that you want to trademark should be either innovative and distinctive in and of itself or have taken on a secondary meaning. That is to say, until the phrase 'really good pizza' has been synonymous with a certain pizza brand, it is unlikely that it may be patented.

The United States Patent and Trademark Office (USPTO) assesses a fee of at least $350 per class, per application. This is charged regardless of whether the applicant files on their own or receives assistance from another party. This fee is collected by Us Trademark Service after a basic direct-hit search has been performed on the applicant’s mark, before filing then remitted to the USPTO once the application is signed and filed.

Within eight months of receiving an application, the United States Patent and Trademark Office (USPTO) promises to start considering it. Around one month passes during their review. Once the USPTO has determined that the mark is free of objections, they will publish it in the Official Gazette to gauge public reaction. In the absence of objections within 30 days, the mark will be recorded around three months down the road. The United States Patent and Trademark Office (USPTO) may write a letter, called a 'Office Action,' if they find problems with the application. After that, you can either reply to the USPTO or decide to drop the application altogether. If you do not resolve the problems raised by the USPTO within the allotted three months, your registration attempt will be abandoned. In response to an Office Action, you may wish to seek legal representation. There is an appeals process with the Trademark Trial and Appeal Board (often called the TTAB) in the event that the USPTO persists in challenging the application. The TTAB also looks at trademark challenges brought by other parties. Even those without legal training are expected to adhere to the complex procedural norms of TTAB procedures, which are extremely comparable to court trials. You should see a lawyer if you are facing charges in a TTAB hearing.