Trademark FAQ — Your Questions Answered

New to trademarks? You're not alone. Here are the questions we hear most often — answered in plain English by our USPTO-licensed attorneys.

Trademark basics

What is a trademark?
A trademark is a word, name, logo, slogan, or other identifier that distinguishes your goods or services from everyone else's. A federal registration gives you the nationwide right to use the mark and to stop others from using a confusingly similar one.
Can I trademark a business name, logo, or slogan?
Yes — a business name, brand name, logo, or slogan can all be registered, provided they're distinctive and not already taken. In some cases a color, sound, or product trade dress can also be protected. Start a registration →
What's the difference between ™ and ®?
The ™ symbol can be used by anyone claiming rights to a mark, even without a registration. The ® symbol may only be used after the USPTO registers your trademark — using it beforehand is a violation of federal law.
Trademark vs. copyright vs. patent — what's the difference?
A trademark protects brand identifiers (names, logos, slogans). A copyright protects creative works (writing, music, art, software). A patent protects inventions. Many businesses need more than one type of protection.
Can I register a name someone already uses but hasn't registered?
Often yes — the USPTO may not catch unregistered (common-law) use, so the application can go through. But it can backfire later: the earlier user can take legal action against you and may be able to cancel your trademark or block you where they already use the mark. That's why a thorough search before filing is so important.

Cost & timeline

How much does it cost to register a trademark?
Registration starts at $649 in attorney fees plus the $350 USPTO government fee per class — about $999 total for one class. Flat fees only, no hourly billing. See our full fee schedule →
How long does trademark registration take?
Most registrations currently take about 6 to 8 months from filing, depending on USPTO processing times and whether any office actions are issued. You receive a serial number and filing date immediately — that date establishes your legal priority.
Do I need an attorney to file a trademark?
You can file on your own — but if you hire someone to do it for you, they must be a U.S.-licensed attorney. Only a licensed attorney can legally prepare and file a trademark application on your behalf or represent you before the USPTO. So-called “filing services” and other non-attorneys cannot; doing so is the unauthorized practice of law (essentially fraud), and the USPTO has been sanctioning it. (Foreign-domiciled applicants are required to use a U.S. attorney.) Beyond the legal requirement, USPTO data shows attorney-filed applications have significantly higher approval rates — an attorney catches problems before filing, classifies correctly, and handles office actions.
What is an international class?
Trademarks are registered by category of goods or services, called international classes (45 in total — e.g., Class 25 covers clothing, Class 41 covers education/entertainment). You pay a separate government fee per class, so choosing the right class(es) matters. Browse all 45 international classes →

The registration process

Should I do a trademark search before filing?
Yes — a search reveals conflicting registered and common-law marks before you spend the non-refundable government fee, and helps avoid a likelihood-of-confusion refusal. Our service includes a search for up to three of your name choices.
What's the difference between "use in commerce" and "intent to use"?
A use-based application is filed when you're already using the mark. An intent-to-use application is filed before you start; after it's allowed, you file a Statement of Use (with a specimen) to finish, or request an extension.
What is a specimen of use?
Real-world proof the mark is used in commerce — for goods, a photo of the product, label, or packaging; for services, advertising or a website showing the mark with the services.
What is a USPTO Office Action?
A letter from the USPTO examiner raising an objection before approval — commonly likelihood of confusion, a merely descriptive mark, or an unclear description of goods/services. You generally have 3 months to respond. We handle office action responses →
What is a Statement of Actual Use?
If you filed on an intent-to-use basis, you must later prove actual use by filing a Statement of Use (with a specimen) before the registration issues. Need more time? File an Extension. File your SOU →
What happens if my application is refused?
A refusal comes as an office action we can respond to on your behalf. Many refusals (e.g., descriptiveness or an unclear identification) can be overcome. The government fee is non-refundable, which is why a proper search and filing matter.

Maintenance & ownership

How long does a registered trademark last?
Indefinitely — but only if you file the required maintenance documents on time (Section 8 at years 5–6, Section 8 & 9 at years 9–10, then a renewal every 10 years). Renew your trademark →
When do I need to renew my trademark?
File a Section 8 declaration between years 5–6 (and ideally Section 15), a Section 8 & 9 renewal between years 9–10, and every 10 years thereafter. Missing a deadline can cancel your registration.
How do I transfer ownership of a trademark?
Through a trademark assignment, recorded with the USPTO. Common when selling a business or moving a mark to a new entity. Note: if ownership changed but was never recorded, you may be unable to renew until the chain of title is corrected. Record an assignment →

Protecting your trademark

What do I do if someone is using my trademark without permission?
Options include a cease and desist letter, a USPTO opposition or cancellation, or federal court litigation. A registration also lets you pursue statutory damages in counterfeiting cases. Book a consultation →
What is "likelihood of confusion"?
The main test for trademark conflicts — whether consumers would likely be confused about the source of goods/services because two marks are too similar. It's the most common reason applications are refused.
Does MyBrandMark offer a guarantee?
Yes — most of our cases come with a guarantee: a money-back guarantee on straightforward matters, or a performance guarantee on complex cases. Ask for a free estimate to find out which applies to yours. Learn about our guarantee →

Still have questions?

We're happy to answer them — and your first estimate is always free.

Get a Free Estimate   Book a Consultation   Call (973) 317-2846

DISCLAIMER: The materials on this Website are for informational purposes only. These materials are not presented for the purpose of providing legal advice and do not constitute an offer to represent you. Materials have been abridged from laws, court decisions and administrative rulings, and should not be considered as legal opinions, specific facts or substitutes for advice of legal counsel. Your use of this Website does not create an attorney-client relationship between Law offices of Pesochinsky LLC and you. You should not act, or refrain from acting, based upon any materials presented here. The materials presented on this Website are not privileged or confidential. In no event should you send confidential information until you speak with an attorney and receive authorization to do so.

MyBrandMark.com BBB Business Review

Terms of service

All Rights Reserved © 2026. MyBrandMark.com