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Essential information to help you understand, secure, and maintain your trademark rights.
Your brand is one of your business's most valuable assets. Trademark protection gives you legal ownership of your brand identifiers—like your name, logo, or slogan—and prevents others from using similar marks that might confuse consumers.
Without proper trademark protection, you risk:
The sooner you secure trademark protection, the stronger your rights will be. Even if you haven't registered yet, you should begin using the ™ symbol with your mark to indicate your claim.
You automatically gain some trademark rights simply by using your mark in commerce. These "common law" rights are limited to the geographic areas where you actively do business.
Use the ™ symbol to indicate common law claims.
Registering your trademark with the USPTO provides the strongest protection available in the United States, giving you nationwide rights and significant legal advantages.
Use the ® symbol after registration is complete.
Before filing, conduct a comprehensive search to ensure your mark doesn't conflict with existing trademarks. This step is crucial—if you skip it, you might invest in a mark you can't protect.
Use our search tools →Submit your application to the USPTO, including all required information about your mark, the goods/services it covers, and when you began using it (or intend to use it).
Filing fees range from $250-$350 per class of goods/services.
A USPTO examining attorney reviews your application to ensure it meets all requirements. They may issue an Office Action if there are issues that need to be addressed.
Timeline: Typically 3-6 months after filing before you receive the first official response.
If approved, your mark is published for opposition. If no one objects within 30 days, it proceeds to registration. For intent-to-use applications, you'll need to file a Statement of Use before receiving registration.
Once registered, you can use the ® symbol with your mark!
Registration isn't the end of the process. To keep your protection strong, you must actively maintain your trademark:
Continue using your mark in commerce for all the goods/services listed in your registration. If you stop using it for 3+ years, it may be considered abandoned.
Between the 5th and 6th year after registration, file a Declaration of Use. Then, between the 9th and 10th year (and every 10 years after), file a Combined Declaration of Use and Application for Renewal.
Regularly search for potential infringements and take appropriate action when you find them. Failing to enforce your rights can weaken your trademark protection.
If you license your mark to others, maintain control over the quality of goods/services produced under your mark. Without quality control, you may lose trademark rights.
Missing maintenance deadlines can result in the cancellation of your registration. Set reminders or work with an attorney to ensure you don't lose your valuable protection.
If someone uses a mark similar to yours in a way that may confuse consumers, you may have grounds for a trademark infringement claim. Options include sending a cease and desist letter, negotiating a resolution, or filing a lawsuit.
If you receive a cease and desist letter claiming you're infringing someone else's trademark, take it seriously. Consult with an attorney quickly to evaluate the claim and determine your best response.
If the USPTO issues an Office Action with objections to your application, you'll need to address their concerns. Simple issues might be easy to fix, but substantive refusals often require legal expertise to overcome.
Contact us at [email protected] for trademark registration services that make the process simple.