Trademark Registration FAQ: Answers to Your Most Common Questions

A trademark is a symbol, word, phrase, logo, or design that identifies the source of a consumer good or service. Trademark protection is designed to protect consumers from deceptive copycats by acting as an assurance of the quality of the brand that sources that good or service.  For instance, when you buy laundry detergent with the TIDE logo, you do so assured that you’re getting a TIDE quality product and TIDE benefits from that goodwill.  It’s important not to understate how important this is!  Trademark protection protects one of your business’ most important IP assets, your brand and all the positive brand association you’ve created.  It also protects the public’s health by helping uphold standards of both logo and general brand association.   In this case, that might be something like a lower quality detergent sold in a TIDEL bottle. In that way, trademark protection protects businesses like TIDE from reputational harm and lost profits to trademark infringers.

Here are twelve of the most frequently asked questions (FAQ) about trademarks.

1. What are the requirements for a trademark?

To be trademark-eligible, a mark (a symbol, phrase, logo, design, etc) must

•  Be used in commerce 1(A) or intended for use in commerce in the near future 1(B)
•  Be distinctive, meaning it uniquely identifies the source of the good or service
•  Not be generic, meaning it can’t be a common term for the good or service
•  Not just descriptive, meaning it must do more than just describe the good or service
•  Not be confused or conflict with other marks in the same class of goods or services
•  Not be prohibited for being immoral, deceptive, or misrepresenting its source

2. How do I know if my trademark is available?

An attorney or trademark clearance service conducts a clearance search to identify any marks that are exact matches or that are similar enough to create a likelihood of confusion. Preliminary searches called “knockout” searches are performed which often leads into a more comprehensive clearance search.  A thorough search includes the United States Patent and Trademark Office (USPTO) trademark (TM) database, the WIPO (World Intellectual Property) database, and an analysis of common online marketplaces and search engine results for your mark.

3. What can I trademark? (Names, logos, slogans, etc.)

You can trademark any type of word mark or design (logo/image) that fulfills the requirements listed above.  This can include distinctive business names, logos, slogans, symbols, or designs that can all be protected independently.  Even certain colors and sounds (e.g. Planet Fitness purple or the MGM Lion Roar) can be trademarked. So long as your mark properly identifies your business as the source of your good or service, is used in commerce, and it’s not prohibited by some restriction, it can be trademarked.

4. How long does the trademark registration process take?

The registration process typically takes between 12-15 months from the date you file your applications.  Delays in the process can occur from inaccuracies in your application, office actions you may receive, and potential oppositions during the publication window.  So it could be up to years in some cases, sometimes long stretches just waiting for a response from the USPTO.  We explain more in our companion blog post: The Trademark Application Process Explained:  A Guide to USPTO Office Actions – Zala IP Law LLC.

5. How much does it cost to register a trademark?

Current fees have changed as of January 2025. The USPTO now charges $350 (previously $250) for every class of goods or services you apply for. Most people file in one or two classes initially before expanding into other classes.

Attorney fees are significantly more.  Many firms charge $2,500-$5,000+ for the full application process, all depending on complexity, the brand value, and the number of marks being registered.   Heavy-IP businesses, sometimes with multiple brands or product names, take on significant cost in their overall IP registration and management.  The process also often starts with a preliminary knockout search, billed separately, to test whether you have a viable trademark at all.  Almost always, you should consult an attorney about your likelihood of a successful registration before paying the $350 filing fee.  When trademark applications are done poorly, they get stopped in their tracks.  They’re not difficult to fill out on your own, it’s just easy to make small mistakes that could waste lots of time or worse, make your forfeit your application fees and priority dates.  You have to

Opposition proceeding fees are typically considered separate post-filing fees.  An opposition is a hearing in front of the TTAB (Trademark Trial and Appeal Board), a special court of law designed specifically to handle trademark disputes.  Mostly TTAB hearings function like any other lawsuit – motions, discovery, arguments, appeals – but it done exclusively the USPTO and typically without witnesses/cross-examinations.  In this case of an appeal, you do have the option to appeal to federal court.

6. Do I need a lawyer to register a trademark?

Yes, mostly because identifying confusing trademarks is not as straightforward as people expect and the importance of a clearance search cannot be overstated.  You can file your application on your own if you’re comfortable with it, but doing a proper clearance search is worth the information you get from having an attorney do one.  There is a whole class of clients out there who are paying more to correct mistakes they made from skipping this part.  No matter what you do, I’d advise an attorney for your clearance search or for responding to critical office actions.  Your odds of delay are much less.  Certain business applications, including international applications, require a U.S.-licensed attorney to file as mandated by the USPTO.  To learn more about why an attorney is necessary, see our registration guide.

7. Should I copyright my trademark?

Trademark protection protects business brands, slogans, and logos, while copyright protection protects original works of art.  If your trademark includes an eligible text, design, art, or piece of music, you can consider filing a copyright registration for it as well.  This is common for more creative marks.  You should consider both if your business is a certain size or you’re concerned the artistic elements in your work are attractive enough to be copied.

8. What happens if my trademark application is rejected?

You will be issued an Office Action (OA) from the USPTO detailing the reasons for refusal.  Common reasons include improper filings and obvious likelihood of confusion with another trademark.  You have three months to file a timely response, but can extend that response window up to six months.  If you fail to respond after that extension however, your application will be abandoned and you’ll have to start over. If you do respond and the USPTO rejects your reasoning for overturning their rejection, you have the option to appeal their decision.

Most trademarks, the USPTO says 60%, face at least one OA throughout the application process.  Unless you’ve seen a few, they will often come as a surprise!  But just remember that not all OAs are equal, some are issued for simple administrative corrections.

9. How long does a trademark last?

A registered trademark lasts as long as you continue to use your mark in commerce, your mark doesn’t become generic (i.e. lose its distinctiveness), and you properly file all declaration and renewals in a timely fashion. Declaration and renewal filings are due after registration between years 5 & 6, at year 10, and every 10 years after that. If you make sure to continue using your mark in commerce and renew properly, you can enjoy trademark protection indefinitely (theoretically forever).

10. Can I register a trademark before using it with my business?

Yes. The USPTO allows filing of a Section 1(b) Intent to Use application so long as you have the bona fide intention to use the trademark in the future.  You’ll show this by signing a declaration of good faith at the time of application and promising to show a use in commerce specimen in the near future.  You can file a 1(b) application up to few years out, so there is some latitude.  In that case you would file extensions for your Statement of Use deadline, where you show your use in commerce to the USPTO via a specimen.

11. What is a trademark office action, and how do I respond to one?

An Office Action is an official letter from your examining attorney at the USPTO sent typically to inform you of an issue with your application. It can be either substantive or administrative. You have 3 months, with one 3 month extension, to file a response.  If it’s a substantive Office Action, consider enlisting an attorney to help you draft a response.

Since they are a common, and sometimes difficult, part of the process, you can learn more about Office Actions here:  The Trademark Application Process Explained:  A Guide to USPTO Office Actions – Zala IP Law LLC.

12. How do I protect my trademark once it’s registered?

Policing your trademark means actively monitoring channels of commerce or the internet for infringing marks or new marks that are similar to yours. These can be counterfeiters, piggy-backers, or unsuspecting infringers. Since it’s tedious and constant, you can use trademark monitoring service to help, often in conjunction with an attorney.  If you discover infringement, use an attorney to send cease-and-desist letters threatening legal action or demanding a settlement fee.

Conclusion

There is your FAQ to Traemark Registration – make sure to check out our companion blog “How to Register a Trademark: What to Expect From Start to Finish in 8 Steps! – Zala IP Law LLC“