Trademark FAQs

You can trademark names, logos, slogans, sounds, and even colors if they distinctly identify your brand. However, generic terms or descriptive words without distinctiveness are usually not eligible. 

™: Indicates a common law trademark (not federally registered). 

SM: Indicates a common law service mark (not federally registered). 

®: Indicates a federally registered trademark with the USPTO (U.S. Patent and Trademark Office). 

You may claim common law trademark rights by using a distinctive name, logo, symbol, or phrase in commerce to identify and distinguish goods or services, prior to formal registration with the United States Patent and Trademark Office (USPTO). These rights arise from actual use of the mark in commerce for the specific geographic area used.  Rights in a common law trademark are recognized and enforceable under state and federal law. 

A trademark identifies and distinguishes the source of goods, while a service mark does the same for services. The term “trademark” is often used to refer to both. 

No, you can establish rights in a mark based on actual use in commerce (common law rights) without registering it. However, federal registration with the USPTO provides significant legal advantages such as, but not limited to, public notice of your claim of ownership, nationwide protection, legal presumptions of ownership, the right to use the ® symbol, priority to file, basis for foreign registrations, and an ability to record the mark with U.S. Customs to prevent importation of infringing goods. 

You may respond to objections or refusals, and sometimes present legal arguments to rebut objections or refusals.  Additionally, you may be able to make change to overcome initial refusals, but you cannot broaden the description of goods or services.  

It typically takes 9–12 months (or longer if there are objections). The process includes an examination period, publication, and potential opposition. 

A trademark can last indefinitely (the oldest existing federal trademark registration issued in October 1870) as long as it’s in use and you file the required maintenance documents: 

• First between 5–6 years after registration (Section 8 & 15 (recommended) Declarations) 

• Then every 10 years (Sections 8 & 9 Declarations) 

A trademark search checks if your desired name/logo is already in use. It’s highly recommended before filing to avoid conflicts and legal issues. 

You can do a preliminary search, but a professional search is recommended for thoroughness.

Yes, but many people choose to hire an attorney to navigate the process and avoid mistakes that could cause delays or denials. Furthermore, not all attorneys have the same depth of experience.  Do not simply shop for the attorney offering you the cheapest fees.  Those seeking trademarks are best served by those who have experience with filing trademark applications and negotiating with the USPTO if the USPTO raises issues with the trademark application.   

Yes, you can file an “intent-to-use” application if you have a bona fide intention to use the mark in commerce in the near future.  However, the trademark will not register until you provide proof of use in  commerce.   

A specimen is a real-world example showing how you use the mark in commerce, such as a label, packaging, or website screenshot. 

No, trademark rights are territorial. You need to register separately in each country where you seek protection. Some international systems, like the Madrid Protocol, can simplify this process.