Trademark: Definition, Types, How to Register
Jump to Section
Quick Facts — Trademark Lawyers
- Lawyers available: 132 intellectual property lawyers
- Clients helped: 158 recent trademark projects
- Avg lawyer rating: 5.0 (27 reviews)
Trademarks are a great way to protect the essence of what makes your company special. A trademark is a great way to ensure that your company’s brand elements remain yours for exclusive use, from design elements to slogans. You may want to consider registering your trademarks to receive additional legal rights as well.
Below, we’ve detailed what business owners should know about trademarks and intellection property protection:
What is a Trademark?
Trademarks are a form of intellectual property protection for brands. Trademarks protect distinctive elements that identify the source of goods or services. They signify that a company protected its recognizable signs, designs, or expressions. Business owners can denote unregistered trademarks with the TM symbol, or ™, on product and service marks, and registered trademarks with the R symbol, or ®.
Here is an article that defines trademarks.
Purpose of a Trademark
The purpose of a trademark is to prevent competitors from infringing upon your company’s trade dress. Trade dress is the portfolio of brand elements that make your company unique, including logos, slogans, and more. Registered trademarks offer additional legal protection by giving you the authority to file claims against infringers.
Trademark vs. Copyright
A trademark protects items that distinguish one business from another, whereas a copyright protects original work, including original works of authorship and not just business-related content. Affixing a trademark symbol to the element creates a trademark. On the other hand, you receive copyright protection upon creation.
Trademark vs. Patent
Patents allow inventors to protect new ideas or prevent others from commercially exploiting those ideas without permission. On the other hand, Trademarks are unconcerned with how new inventions work. Instead, trademarks would protect the branding and trade dress if a business commercially sold the invention. However, trademarks do not protect the underlying invention itself. To protect your intellectual property for an invention you need a patent.
Here is an article that goes further into trademarks.
What is Trademark Registration?
Trademark registration is the formal legal process of staking a claim over a name, symbol, figure, letter, word, logo, or a combination of these. You can also include scent and sound in trademark registration. A company uses a trademark to identify its goods and services from others.
Registering a trademark is essential to asserting your foothold over your brand and associated design elements. This action supports a long-term brand strategy.
What is a Trademark Search?
A trademark search tells brand owners whether they have the right to use their intended mark. Brand owners can use a trademark search to determine if they can register a mark.
Companies may have to adjust their brand strategy accordingly based on the results of a trademark search. Before using a trademark commercially, conducting a trademark search is critical for developing a successful brand strategy and can save owners time and money in the long run.
Here is another article also about trademarks and searches.
How To File a Trademark
A trademark is a way to prevent other companies from using your brand name or logos when selling products or services. Consumers can also quickly recognize a product or service as belonging to a specific company.
It’s important to remember that a trademark can protect not everything. You can’t trademark generic words or phrases, for example, unless rarely used.
Furthermore, you cannot trademark anything that already has a trademark. Trademarks can last indefinitely if you continue to use them in commerce, file the appropriate documents, and pay fees every ten years.
Below, we’ve outlined the seven steps for how to file a trademark:
Step 1. Prep Your Trademark Application
You’ll need to know if your trademark can be registered before you apply. Check the database of the United States Patent and Trademark Office (USPTO) for assurance.
Get started by heading to the USPTO application website. Then go to print the forms you’ll need for your trademark application. While you can submit your application digitally, having a physical copy ensures that you comply with the rules of evidence.
A physical copy is also helpful in case a dispute arises.
You may want to hire a trademark lawyer at this point to assist you with the process. While residents of the United States are not required to hire an attorney, it is strongly recommended due to the various legal complexities. Making legal mistakes can end up costing you far more than the application itself, so legal representation is a worthy investment.
Step 2. Ensure Your Application Is In Compliance With Trademark Law
Once you’ve collected all of your forms and are ready to submit, ensure that your application complies with all legal requirements. Trademark law is vast and complicated, even for a relatively simple designation. You could also miss nuances and rules, so legal help is always vital to the best possible outcome.
For example, your trademark must be:
- Federally registerable
- Identifiable
- Filed properly
Also, keep in mind that you must comply with all deadlines because this is a legal proceeding. You could also run your documentation by trademark application lawyers to support an approval.
Image via Pexels by Miguel Á
Step 3. Work with the USPTO Examining Attorney
After you’ve submitted your application, you’ll need to keep an eye on its progress. This strategy will inform you of your next steps and deadlines of importance.
The application is sent to a USPTO examining attorney when moving your application forward. This individual will look over your application, look for any conflicts, and see if you followed all applicable rules and statutes.
The attorney may deny your application in some matters. If that’s the case, they’ll send you a letter explaining why and what you need to do to fix it. You must respond quickly if this occurs to ensure the best possible outcome for your situation.
Step 4. Receive Approval or Rejection
After application review, the USPTO inform you of their decision. The decision is either an approval or denial.
If your trademark is approved, they will publish it in the “Official Gazette,” a weekly publication of the USPTO. This publication allows aggrieved parties to respond and file an opposition. You’ll also have to endure a separate legal process if this happens to you.
If everything goes well, the USPTO will issue you a certificate of registration.
Step 5. Defend Your Legal Rights
Many people mistakenly believe that the process is complete once you have the certificate in your hands. Unfortunately, that’s not the case yet.
To keep the registration active, you’ll need to keep filing specific maintenance documents. If you don’t keep up with your trademark, it will be canceled or expire. When this situation arises, you’ll have to reapply for protection.
Step 6. Add the TM Symbol for Enhanced IP Protection
The final step is to add the TM symbol to your trademarks. This designation lets competitors and the general public know not to use your works. You don’t have to add the symbol to invoke protections, but you need to give infringers a chance to remove content if you choose not to use it.
Step 7. Speak with a Litigation Attorney If You Discover Infringement
It’s a good idea to build a relationship with a lawyer if someone infringes upon your legal rights. They have processes and technologies that help clients discover instances of infringement. Your attorney can also act quickly when finding wrongdoings.
Get Legal Help with Trademarks
Register your trademarks with the USPTO for the greatest possible protection if you want to protect your company’s brand. Trademark lawyers can assist you in this capacity. They can also help you safeguard other IP rights, such as copyrights and patents.
Post a project in ContractsCounsel’s marketplace to get started on your Trademark Application. All lawyers are vetted by our team and peer reviewed by our customers for you to explore before hiring.
See Real Trademark application Projects
Michigan File a Trademark Application x4 Prepare & File
- Michigan
- 7 lawyer bids
- $250 - $5,950
New York Support with registering a trademark (product name & product logo) Prepare & File
- New York
- 13 lawyer bids
- $600 - $7,500
Oregon Trademark for Digital and Streaming Goods Brand Prepare & File
- Oregon
- 8 lawyer bids
- $450 - $1,495
See all Trademark application projects
ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.
Need to file a trademark application?
Meet some of our Trademark Lawyers
Jane C.
Skilled in the details of complex corporate transactions, I have 15 years experience working with entrepreneurs and businesses to plan and grow for the future. Clients trust me because of the practical guided advice I provide. No deal is too small or complex for me to handle.
"Jane was thorough and patient through a long list of contract revisions (NDAs, Advisor and Consulting Agreements) tailored to CT and DE. She answered detailed follow-up questions clearly and directly, including on enforceability and non-compete scope. Would recommend for startup post-incorporation and contract work."
Joshua S.
Joshua is an experienced attorney with deep expertise in finance, corporate, and business law. He offers practical legal solutions and personal service. As Managing Partner of Soloway Group PC, he advises startups, growing companies and investment funds on key issues, from formation to fundraising, stock issuances, trademarks and general business. He started out structuring funds and transactions at PwC before launching his own firm in 2009. He has been a partner in several New York law firms and has founded several companies including a banking firm, a real estate business, and a Cleantech company. Joshua has also served as Chief Legal Officer and Chief Strategy Officer of several companies in the tech, real estate, consulting, and sustainability industries. Prior to law school he was an early employee at a SoftBank-backed startup until it’s acquisition. Over the years, Joshua has helped many clients to launch, finance and grow successfully.
"Very competent attorney who gets to the point quickly and cheerfully."
Heather B.
Heather B.
Delivering proactive and strategic guidance to health and fitness professionals and entities as they scale.
"The quality of the demand letter was excellent. We had some last-minute changes and she accommodated those changes in the in the revision well. Highly recommend."
Anna C.
I am a business attorney focused on practical, efficient contract drafting, review, and negotiation for healthcare organizations and growth-stage and established businesses. My work includes commercial agreements such as NDAs, MSAs/SOWs, leases, vendor and services agreements, SaaS, and employment and severance agreements. I partner closely with clients to identify key legal and business risks, deliver clear, business-minded redlines with concise issue summaries, and keep transactions moving. Clients value my responsive turnaround, judgment, and ability to balance risk with commercial objectives.
"Excellent counsel. Thorough, clear, responsive. Couldn't have asked for more."
Allen L.
Clear, strategic legal guidance when you need it most—whether you're planning ahead or defending a position. Legal challenges shouldn't feel confusing or overwhelming. Whether you're building an estate plan, structuring a business, or navigating a dispute, my practice is built on clarity, care, and practical strategy. I work with clients who want real solutions—not just paperwork—through planning and advice that truly fits their goals, families, and businesses. Planning & Structure I focus on estate planning, asset protection, and business succession, helping individuals and entrepreneurs organize their assets, reduce risk, and prepare for every stage of life. Whether you're setting up your first living trust, shielding your business from liability, or updating an existing estate plan, you'll receive clear guidance, fixed-fee pricing, and responsive support from start to finish. Each plan I design is tailored to your real-world priorities: preserving wealth, avoiding unnecessary taxes and probate, and ensuring the people you love are protected when it matters most. Disputes & Defense When legal conflicts arise—disputed contracts, demand letters, settlement negotiations, or litigation decisions—I provide realistic risk assessment and strategic guidance. I help clients understand their actual exposure (not just best-case scenarios), identify leverage points, and navigate toward efficient resolution. If you're facing a legal claim or need to evaluate your position before responding, I can walk you through the realistic options and their costs. Services: Estate Planning & Asset Protection --Simple wills and powers of attorney --Living trusts for small estates --Buy-sell agreements for family businesses Business Formation & Agreements --LLC or S-Corp formation filings --Operating Agreements / Shareholder Agreements --Founder or Investor Agreements --Bylaws and Minutes templates --Registered agent setup guidance Contracts & Commercial Matters --Service Agreements (consulting, marketing, software, design, etc.) --Independent Contractor Agreements --Employment contracts and offer letters --Non-compete, non-solicitation, or confidentiality agreements --Employee handbooks or HR policy updates --Termination or severance agreements --NDAs (Non-Disclosure Agreements) --Partnership or Joint Venture Agreements --Sales or Vendor Contracts --Licensing or IP Agreements Terms and conditions SaaS Platforms --Terms of Service --Privacy Policy --Independent Contractor Agreements --Customer/User Agreements --Liability Waivers --Cancellation & Refund Policy --Non-Solicitation Clauses --Marketplace compliance documents Real Estate --Commercial lease drafting or review --Residential lease review --Purchase & sale agreements --Short-term rental (Airbnb) contracts --Property management agreements Professional Approach: I leverage modern legal research and writing technologies—including AI-assisted tools—to enhance the quality, speed, and clarity of my analysis. Like many legal professionals today, I use these tools to organize research, improve communication, and catch errors. Every analysis I provide is thoroughly reviewed and reflects my independent professional judgment as a licensed attorney. AI is a tool that supports my work; it does not replace it.
"Allen's initial response to my bid demonstrated an understanding of the needs and scope of the project from the outset that other attorney's did not provide. As a result, this phase of the project moved along smoothly and I received very prompt, thoughtful, from Allen. I enthusiastically recommend him without and reservations."
Jennifer B.
I guide businesses and their owners through the intricacies of regulatory compliance, corporate governance, and high-stakes transactions. With a proven track record in deal structuring, due diligence, and building robust data protection and privacy frameworks, I deliver solutions that seamlessly align with my clients' goals while mitigating risks and driving success.
"I received exactly what I needed. The service was very professional, and what I appreciated most was the detailed, comprehensive review that was provided."
July 9, 2024
Joshua S.
Business-focused attorney with a proven track record of providing comprehensive organizational support in a fast-paced setting under increasingly tighter deadlines. With experience in not just Legal, but also in Sales and Finance, balancing corporate interests against risk exposure to produce the ideal organizational solution – i.e., “seeing the big picture” – comes naturally. Exceptional communicator who thrives at building trusted relationships both internally & externally, as well as distilling complex legal concepts into more easily digestible ideas. Highly adept negotiator with an extensive understanding of a wide variety of contractual arrangements (Purchasing, Leasing, SaaS, ISAs, BAAs, DPAs, NDAs, etc.), and a working knowledge of major domestic and global data privacy laws. Passionate about sports, entertainment, and people.
Find the best lawyer for your project
Browse Lawyers NowLawyer Reviews for Trademark Projects
Trademark for Digital and Streaming Goods Brand
"I couldn’t be more impressed with Dragan and his expertise. He was beyond helpful throughout the entire process of filing my trademark. His professionalism, clarity, and guidance gave me complete confidence in the direction we were taking. Dragan made what could have been a daunting process feel seamless and stress-free. If you’re looking for an attorney who truly knows what they’re doing and takes the time to ensure everything is handled with care, I highly recommend Dragan. He’s exceptional, and I’ll definitely be reaching out to him for any future needs."
We need to a Trademark Application. need experienced help
"Dan did a great job to help the trademark filing. very expereince attorney."
Reply From Dan "Dragan" I.
I enjoy helping start up business clients with their US Trademark Applications and Registrations. Thank you for being a client!
View MoreTrademark Application
"Its been great working with Greg, he is detailed, experienced and has great communication. I highly recommend."
Trademark for CT LLC
"Amy B. was a pleasure to work with. She made a successful effort to understand my company's needs while also educating me on the relevant laws. She took the time to make valuable suggestions along the way which will help in the future. I will definitely use her for on a continuing basis for related projects."
File a Simple Trademark Application for a Software-based Startup in the Aviation Industry
"Great to work with!"
Trademark
Trademark
Florida
I need help with a start up lawyer for a business
I plan on opening an indoor gun range in South Florida and need a lawyer with experience in this field.
Roman V.
Hello, I'd be glad to help with the trademark registration for your new business to protect the name, logo, or slogan associated with it. I am a US licensed trademark attorney and run my own trademark practice dedicated to all aspects of trademark protection. I have worked with clients in various industries, including software, hardware, manufacturing, food/beverage, e-commerce space, professional services, and many others. I offer a flat rate package of $700 per trademark filing (plus USPTO fees which are $250-350 per class), which includes all of the below. Search fee: $350 • a trademark search and clearance report to identify any potentially similar marks that would block a USPTO application • covers USPTO database, state registries, domain databases, social media sites, and general internet search for potentially conflicting registered trademarks (live or dead), and common law mark) • also includes follow up consultation with me to review and answer questions on the report Filing legal fee: $350 • draft and file the trademark application with the USPTO • includes drafting all applicable classes (client can choose which to include) • responses to minor USPTO office actions • likelihood of confusion and descriptiveness refusals are separate fee, based on details of the office action USPTO fees: • $250/class if you choose the USPTO pre-approved class descriptions (most of the time, this covers the client's products/services • $350/class if you write your own class description for unique products/services If you have any questions about the proposal or trademark process, I would be glad to set up a free 15 minute call to answer any initial questions. Thank you for your consideration.
Intellectual Property
Trademark
Massachusetts
Can I trademark the name of my software?
Can I trademark the name of my software if the same name is already trademarked in a different country/state? I am starting up a FinTech company right now and I am trying to trademark the name of my mobile app; however, after some searching, I realized that a company in the UK has already trademarked the same name. It is also a company that makes a mobile app in the FinTech industry - just in a different area of interest. Are there any suggestions for how I would go about trademarking the name of my software, or do I have to come up with a different name?
Roman V.
Yes, it's generally possible to trademark the name of your software, as long as it is not a generic name or descriptive of the product. You should also do a clearance search to make sure no other company is using the same or similar name for similar services. I would be glad to discuss more details and help with the trademark process. Thanks.
Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.
View Trustpilot ReviewNeed to file a trademark application?
Intellectual Property lawyers by top cities
- Austin Intellectual Property Lawyers
- Boston Intellectual Property Lawyers
- Chicago Intellectual Property Lawyers
- Dallas Intellectual Property Lawyers
- Denver Intellectual Property Lawyers
- Houston Intellectual Property Lawyers
- Los Angeles Intellectual Property Lawyers
- New York Intellectual Property Lawyers
- Phoenix Intellectual Property Lawyers
- San Diego Intellectual Property Lawyers
- Tampa Intellectual Property Lawyers
Trademark lawyers by city
- Austin Trademark Lawyers
- Boston Trademark Lawyers
- Chicago Trademark Lawyers
- Dallas Trademark Lawyers
- Denver Trademark Lawyers
- Houston Trademark Lawyers
- Los Angeles Trademark Lawyers
- New York Trademark Lawyers
- Phoenix Trademark Lawyers
- San Diego Trademark Lawyers
- Tampa Trademark Lawyers
ContractsCounsel User
Homeplace Coexist
Location: Pennsylvania
Turnaround: Over a week
Service: Prepare & File
Doc Type: Trademark application
Number of Bids: 3
Bid Range: $495 - $750
User Feedback:
ContractsCounsel User