Q: What does a trademark protect?
A: Trademarks protect a word, phrase, symbol, design, or other distinguishing feature that identifies your product or service. Trademarks allow you to exclude others from using the same—or highly similar—branding as yours.
The word “trademark” can refer to both trademarks and service marks. A trademark is used for goods, while a service mark is used for services.
Q: How is a trademark established?
A: You become a trademark owner simply by being the first person to use your particular name or design in commerce. That is, your trademark—and the rights that go with it—are established by using it, not by registering it.
However, such “common-law” trademark rights are quite limited and will typically be inadequate for most companies. Officially registering the mark provides a number of advantages, such as being able to sue for monetary damages against other companies for trademark infringement. For this reason, it is always a smart move to officially register your trademark.
Q: Can I register a trademark on my own?
A: Yes, you can register a trademark totally on your own or with the help of a cheap, do-it-yourself trademark registration service. But the registration process is highly technical, consisting of a number of detailed steps, and from start to finish, the entire process can take up to a year or more to complete. Plus, if you make even a minor mistake, your application can be rejected at any stage during this process, and then it could end up more difficult or even more expensive to get your trademark registered.
While you’re in the process, you may be investing in your name and logo with no assurance that it’s protected. The cost of that could be far more than just hiring an experienced lawyer to handle it for you. In fact, as many as 66% of all trademark filings are initially rejected. The cost of having your application rejected and having to start all over will nearly always exceed the flat fee you would pay us to help you file your application.
Q: How does the registration process work?
A: You must file an application through the USPTO’s Trademark Electronic Application System (TEAS). Once your application is submitted, it undergoes a thorough examination.
If the USPTO determines your trademark isn’t registrable, it will send you what’s known as an office action. This letter will explain why registration is being refused, and it may include suggestions for fixing your application. You must respond to the office action by its stated deadline, and if your response successfully corrects the problem, your trademark may be approved.
However, before submitting your application, the first step in the process is to make sure the trademark you want is eligible for registration and not already in use by a competitor.
Q: How do I check to see if a name is already trademarked?
A: Use the USPTO’s Trademark Electronic Search System (TESS). This database contains all active and inactive trademark registrations and applications, and it can help you decide whether to file an application for your particular trademark.
Keep in mind that such a search can be complicated. While searching for the exact same trademark is fairly simple, searching for marks that might be regarded as confusingly similar requires some skill. We can ensure your search is done properly so your registration has the highest chances of getting approved.
Q: Do I need to trademark my logo if I’ve already trademarked my company name, and they’re used together?
A: Registering your business’ name for a trademark provides protection for the name itself, but that protection doesn’t extend to your logo, even if it’s used together with your company name. If you want the same protection to extend to your logo—and you most definitely should—then you need to register the logo, also known as a “design mark,” separately from your business name.
Q: How much does trademark registration cost?
A: Between $250 to $350 per class to register a trademark in one class of goods and services with the USPTO. The total cost of registration varies depending on the number of classes of goods and services in which you register. We often recommend registering your name and/or logo in more than one class.
Q: What is the difference between the ™ symbol and the ® symbol?
A: The ™ symbol stands for trademark, and it’s used with trademarks that aren’t yet officially registered. Once your registration is approved and your trademark is registered with the USPTO, you have the right to use the ® symbol with your branding.
Although you aren’t legally required to use either the ™ symbol or the ® symbol to protect your trademark, you most definitely should, especially once you have your mark registered. Indeed, the ® symbol gives your company more credibility and prestige, while letting competitors know you are serious about protecting your IP.
Enlist Our Help With Trademark Registration
Rather than rolling the dice by trying to register your trademark on your own or with a DIY registration service, we recommend you save yourself the time, money, and hassle, and hire us to support and guide you through the process. When you work with us to get your trademark application handled (whether you DIY with our guidance or hire us to get it handled), you will pay a flat fee that covers the entire process, from the initial search all the way to final registration, with no billable hours, hidden fees, or nasty surprises.
Once you have your trademark registered, you’ll need to take steps to ensure your intellectual property rights aren’t infringed upon and your investments in your intellectual property are protected and even maximized—and that’s something we can help with, too.
AB Law, PLLC is a full-service business law and estate planning firm that serves clients throughout Texas. All consultations are free and no question is too silly, ridiculous, or complex. https://calendly.com/ablawpllc www.ab-firm.com