Trademark: Definition, Types, How to Register
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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.
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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
Dan "Dragan" I.
I received a bachelor’s degree in philosophy from Northwestern University in 1996 and then got my JD at University of Illinois College of Law in 1999. I have been a lawyer helping people with legal issues in the United States and Internationally since then. That includes drafting and reviewing contracts. I am also passionate about helping small and medium businesses with trademark registration and trademark-related legal projects. The law can be confusing and complicated for people, and I am passionate about providing professional legal services to my clients while simultaneously making the legal process less confusing and stressful for them. My goal is to help clients navigate through both good and difficult times by tailoring my skills, experience, and services to their specific needs.
"Extremely helpful and prompt with responses. Offers unlimited advice even after the project ends."
Valerie I.
Corporate business attorney in the Miami area specializing in corporate formation and governance, contract drafting and review, employment matters, corporate practice of medicine, intellectual property protection, and other general counsel assistance.
"Valerie was professional, quick, and precise. Will reach out to her for any future matters. Thank you."
Steven S.
Steven Stark has more than 35 years of experience in business and commercial law representing start-ups as well as large and small companies spanning a wide variety of industries. Steven has provided winning strategies, valuable advice, and highly effective counsel on legal issues in the areas of Business Entity Formation and Organization, Drafting Key Business Contracts, Trademark and Copyright Registration, Independent Contractor Relationships, and Website Compliance, including Terms and Privacy Policies. Steven has also served as General Counsel for companies providing software development, financial services, digital marketing, and eCommerce platforms. Steven’s tactical business and client focused approach to drafting contracts, polices and corporate documents results in favorable outcomes at a fraction of the typical legal cost to his clients. Steven received his Juris Doctor degree at New York Law School and his Bachelor of Business Administration degree at Hofstra University.
"Reviewed and Revised my Terms of Service and Privacy Policy. Did an outstanding job and was very professional, responsive and had a quick turnaround time. 100% recommend."
Jehan C.
Experience business, estate and intellectual property attorney ready to serve entrepreneurs and creatives in all 50 state and those that have wills and estate planning needs in the District of Columbia.
"Jehan was responsive, spent time understanding the issue and provided a solution. Thank you."
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."
June 5, 2024
Robert C.
I have been a lawyer for over 30 years practicing insurance defense, personal injury, commercial litigation and commercial transactions
June 6, 2024
Liliette A.
I have been in the legal field since 2015 starting as an intern, moving my way up to paralegal to making my final way to Attorney. As an attorney I worked in civil litigation for a brief period of time and then I got into the the immigration field.
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Browse Lawyers NowLawyer Reviews for Trademark Projects
Trademark Registration
"Thanks again, Rene! 10/10 as always, looking forward to working together again in the future."
Prepare & File Trademark application
"Knowledgeable, Patient, and Responsive Attorney at a Fair price. Was a pleasure working with Dan. Would 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."
Trademark filing needed asap
"Loved working with Nicholas. Super responsive. Super awesome!"
Trademark Application
"Its been great working with Greg, he is detailed, experienced and has great communication. I highly recommend."
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.
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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
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