What is a Federal Trademark?
A federal trademark is a trademark (such as a logo or name) that’s registered with the U.S. Patent and Trademark Office (USPTO). It gives the owner of the trademark ownership rights and legal protection for their branding, goods, and/or services.
This type of trademark varies from state trademarks, and understanding how is important so you can choose the most appropriate trademark for your needs.
Read the rest of this article to explore federal trademarks, how they vary from state trademarks, the advantages of federal trademarks, and how a lawyer can help you with the process of securing brand protection.
What is the Difference Between Federal and State Trademarks?
There are some specific differences between federal and state trademarks. Although state trademarks have an easier and more budget-friendly registration process, federal trademarks are the best at providing you with full protection.
State trademarks are registered with the state trademark office, protecting the trademark within the state’s borders. This is recommended for companies who are local and have a limited budget.
By comparison, a federal trademark registration gives you nationwide protection. This is valuable for companies who want to expand, sell their goods online, or want to create a franchise in the future.
What are the Benefits of Federal Trademarks?
Federal trademarks give the trademark owner exclusive rights to use the trademark throughout the U.S. Here are some of its biggest advantages.
- Other companies aren’t allowed to use the trademark or a similar one without your authorization.
- It enables you to use the trademark nationwide.
- It allows you as the trademark owner to let others know that you have trademark rights with the use of the ® symbol.
- It enables you to file a trademark infringement lawsuit in a federal court.
- You can register the trademark with the U.S. Customs and Border Protection Service. This prevents any products that infringe on your trademark from being imported.
- When listed on the USPTO database, other companies can be deterred from using the mark because it has a public record.
How Do You File a Federal Trademark?
When filing a federal trademark, there are important steps to follow.
Step One: Conduct a Trademark Clearance Search
It’s essential to check the USPTO's database for similar trademarks that could conflict with yours before you try to register your trademark.
It’s wise to consult with a legal professional to conduct an in-depth, thorough trademark clearance search as they know all the most important databases to use.
Step Two: Understand the Different Federal Trademark Applications
There are two main types of federal trademark applications:
- TEAS Plus. In this application, trademark owners have to choose their goods/services from the Trademark Identification (ID) Manual. If your offering isn’t provided in this listing, you can use pre-approved wording.
- TEAS Standard. This application enables you to write a goods/services description but you’ll still have to meet certain classification standards.
Step Three: Collect Information
You will have to collect all the information and documents you need for your application, such as drawings of your trademark. A trademark specimen might also be required, such as for use in commerce, as this shows proof of the trademark.
There are specific rules to get the specimen right, as your application could be denied because of it. Examples of good specimens include a product label.
Step Four: Specify the Filing Purpose
In your application, you’ll have to specify if you’re using the trademark in commerce or plan to do so in the future. This can result in extra fees you’ll have to pay.
Step Five: Pay the Application Fee
Depending on if you’ve applied for the TEAS Plus or TEAS Standard, the application fees vary. You’ll pay between $250 and $350.
What Happens After the Federal Trademark Application?
Once you’ve submitted the federal trademark application, an examining attorney will review it. This can sometimes take several weeks or months. If your trademark is approved and no objections arise, it will be registered so that you have federal protection.
You’ll have to maintain your trademark over time. This includes using the trademark in commerce and filing required documents to show that you’re using it. If you miss a deadline, you could lose your trademark registration.
How Can a Lawyer Help You with a Federal Trademark?
Hiring a lawyer if you want to get a federal trademark is a smart move. A lawyer can help you in various ways, such as the following:
- They’ll conduct an extensive trademark search and clearance. This gives you peace of mind that there are no trademark conflicts that could challenge your filing later.
- They’ll help you assess what kind of filing to choose, based on your business goals and situation. This can save you time and money.
- They’ll help you classify the goods or services. This prevents your application from being rejected.
- They’ll file the application for you. This involves preparing all necessary documents and formatting the application correctly.
- They’ll advise on how to handle objections, should these arise. This can help you to get approved faster and avoid hurdles.
- They’ll provide a long-term protection strategy. A professional lawyer can help you to maintain the federal trademark properly over time so that you don’t risk losing protection.
Where to Find a Lawyer for a Federal Trademark
If you need a trademark lawyer to help you with the process of getting a federal trademark, you might wonder where to find one. Online legal networks make this process easier than if you have to cold-call traditional law firms.
ContractsCounsel is one of the largest online legal marketplaces where clients can connect with a range of professional lawyers, all of whom have been vetted on the platform.
You can select a lawyer based on your legal requirements. The platform also provides extensive research you can review before choosing a lawyer, such as their location, expertise, years of experience, previous projects they’ve completed, and client ratings.
Without leaving your house, you can find a vetted, experienced lawyer to assist you with a federal trademark.
