Trademark FAQ — Your Questions Answered

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.

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 →

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.

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.

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.

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 →

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.

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.

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 →

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.

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.

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.

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 →

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 →

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.

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 →

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.

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 →

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 →

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.

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 →