Trademark
Registration
FAQs

A trademark protects brand names and logos used on goods and services. A copyright protects original artistic or literary works (like books, music, or films). A patent protects inventions or discoveries. In short: Trademarks protect branding, Copyrights protect creative content, and Patents protect functional inventions.

A common law trademark is one that is used in commerce but not registered with the USPTO. It offers limited protection, usually only within the specific geographic area where you operate. Federal registration provides nationwide protection, a legal presumption of ownership, and the right to use the ® symbol.

The best names for trademarks are usually 'fanciful' (made-up words like Exxon) or 'arbitrary' (common words used in an unrelated way, like Apple for computers). Names that are 'suggestive' (like Netflix for streaming) are also strong. Avoid names that are purely 'descriptive' (like Cold Beer) or 'generic' (like Smartphone), as they are very difficult to protect.

You will generally need the name and address of the owner, a clear image or text representation of the mark, a list of the goods or services being protected, and (if already in use) the date of first use and a specimen showing the mark being used in commerce.

The main types include Standard Character Marks (protecting the words regardless of font or style), Special Form Marks (protecting specific logos, fonts, or designs), and Collective Marks (used by members of a group). There are also Service Marks, which are effectively trademarks for services instead of physical products.

The USPTO will reject any application that is 'confusingly similar' to an existing registered mark. Running a search before filing helps you identify potential conflicts, saving you non-refundable filing fees and months of time if your name is already taken.

The TM symbol can be used by anyone who claims rights to a mark, even if it's not registered. The ® symbol is strictly reserved for marks that have been officially registered with the USPTO. Using ® for an unregistered mark is illegal and can hurt your registration chances.

Most companies should trademark both. The name (Standard Character Mark) offers the broadest protection, as it protects the words in any format. A logo (Special Form Mark) protects the specific visual identity. Starting with the name is often the highest priority.

A company name is your legal business entity name. A domain name is your website address. Neither gives you the legal right to stop others from using similar branding. Only a trademark gives you exclusive nationwide rights to use that name in connection with your specific goods or services.

The USPTO uses a 'Class system' to categorize products and services (e.g., Class 25 for clothing). You should choose the class(es) that best represent your actual business activity. League TM Solutions helps guide you to the correct classifications during the application process.

After submission, an Examining Attorney at the USPTO reviews your application. This usually takes 6–9 months. If approved, it is 'published for opposition' for 30 days. If no one objects, you receive your registration. The total process usually takes 12–18 months.

The USPTO may issue an 'Office Action' for issues like descriptiveness or similarity to another mark. You have a window to respond and argue your case. These are common, and League TM Solutions offers services to help you respond to these legal pushbacks effectively.

A federal trademark registration can last forever, provided you continue using the mark in commerce and file your maintenance documents. Renewals are required between the 5th and 6th year, the 9th and 10th year, and every 10 years thereafter.