Trademark Filing

Almost anything that can uniquely identify a product or service in the marketplace can be trademarked. This includes brand names, taglines/slogans, and logos, as long as they are distinct.

Registering a trademark gives you the exclusive right to use the name, logo, tagline, or whatever else you may have trademarked, in the country or countries where it has been registered. Trademarking allows you protection against others using elements of your brand identity without permission.

The following is based on the requirements of the USPTO, but other patent offices will probably follow a similar process.

The first step to registering a trademark is conducting a search. If you haven't done this yet, why not start with our free trademark tool? Once you've determined the name or other brand asset you want to trademark is available, it's time to fill out a trademark application and submit it. You can find the necessary form through the USPTO. This form will be inspected by a USPTO attorney after you submit it, so it's important to fill it in carefully! If there are no issues with your application it'll be published in the UPSTO's newspaper to allow time for opposition from third parties. If there's no opposition, you get a trademark certificate and your name or other asset is now under trademark protection.

If you choose to use our trademark services, you simply have to give us some information about what your business does, where you're located, and what you want to trademark, and we'll do the rest.

If the trademark registration goes completely smoothly the process takes a few months. If there's any opposition to your trademark or any problems with your registration form it could take much longer, with negotiations sometimes taking well over a year. For a quick and painless trademarking process, it's best to employ professional help.

Trademarks registered with the USPTO persist as long as the trademarked item is in use. As the owner of a trademark, or representative of the business that owns a trademark, you must provide proof that it's in use every ten years. The renewal rules for trademarks registered only within one state only or countries other than the US vary.

Yes, you can sell or transfer your trademark to someone else. Trademarks are considered intellectual property, and like other forms of property, they can be bought, sold, licensed, or transferred. Trademarks are often part of mergers or acquisitions, too.

Trademark infringement occurs when someone who is not the owner of a trademark uses the image or mark under trademark without permission. Infringement can also occur through counterfeiting, dilution (weakening the distinctiveness of a famous mark), and false advertising. To determine whether or not trademark infringement has occurred, your lawyer will consider the likelihood that confusion will be caused and determine how similar the trademarked and untrademarked marks are (so, how similar the names, images, or taglines are).

Trademarks protect identifiers used to distinguish goods or services in commerce, while copyrights protect original works of authorship. Usually, copyright lasts 70 years, while trademark protection can last indefinitely with proper use and maintenance.