Introduction
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 a good or service's quality. For instance, when you buy laundry detergent with the TIDE logo, you feel confident that you're getting a TIDE quality product. It's important not to understate how important this is. Trademarks protect us from criminal infringers who are looking to rob of us money or might endanger our health by deceiving us with a logo or brand association. In this case, that might be something like a lower quality non-TIDE detergent sold in a TIDE 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 or intended for use in commerce in the near future
· 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 before investing in 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 work mark or design (logo/image) fulfills the requirements listed above. This includes distinctive business names, logos, slogans, symbols, and designs. 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 8 to 12 months from the date you file your application. Delays in the process can occur from inaccuracies in your application, office actions you may receive, and or potential oppositions during the publication window. We explain more in our companion blog post.
5. How much does it cost to register a trademark?
Current fees have changed as of January 2025. The USPTO now charges $350 (up from $250) for every class of goods or services you apply for. Most people are file in one or two classes initially before expanding into other classes.
Attorney fees are significantly more. Lower fee attorneys will offer fees as low as $1,250 or $1,500, but most firms will charge $2,500-$5,000 for the full application process (depending on complexity). You could spend less theoretically by retainin an attorney for just the clearance search process or office actions and filing separately on your own, but at the least, you should consult an attorney about your likelihood of a successful registration before paying the $350 filing fee. Opposition proceeding fees are typically considered separate post-filing fees.
6. Do I need a lawyer to register a trademark?
Generally yes, but you could hire an attorney for just certain steps of the process or hire one on retainer for help as necessary. You can file your application on your own if you’re comfortable with it, but like as is often the case, it's safer to pay the attorney fees and have one do it for you. We would not advise doing a clearance search or responding to critical office actions without an attorney. Your odds of delay or some critical oversight 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 original text, design, art, or music, you can often consider filing a copyright registration for your original artwork or design (although it's not always necessary). 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 or borrowed without permission.
8. What happens if my trademark application is rejected?
A rejection will come 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. After
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 your mark properly, you can enjoy trademark protection indefinitely (theoretically forever).
10. Can I register a trademark before using it in 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. This means that your intent to start using is being declared in good faith (and not in order to squat on the mark). If you know you will launch your business with a mark you’d like to register within the next few years, you can file a 1(b) application. You will have to provide a Statement of Use (SOU) with a sample of the mark and evidence (or what's called a "specimen") of its use in commerce. You have 6 months from the date of filing your 1(b) application to file your SOU, but you can file 6-month extensions up to five times, to give you a total window of 3 years to file your SOU from your date of 1(b) filing.
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 (something serious that may be fatal to your mark) or non-substantive (information that can easily be corrected). You have 3 months to respond to the Office Action and are granted one 3 month extension. If it’s a substantive Office Action, consider enlisting an attorney to help you thoroughly draft a response.
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, piggybackers, or unsuspecting infringers. Since it’s tedious and constant, you can hire an attorney or trademark monitoring service to help. 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 cehck out our copnanion blog "How to Regigster Your Trademark: What To Expect From Start to Finish in 8 Steps!"
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