Frequently Asked Questions
What is a trademark?
A trademark is a brand element—a name, logo, slogan, or even color or sound—that indicates the source of a product or service. Think Coca-Cola: the name in plain text is one trademark and the name in the Coca-Cola script is another. Both tell you that the beverage in the can came from the Coca-Cola Company. Using your brand element to sell your products or services turns it into a trademark; registration is not required. However, whether you can prevent other businesses from using a similar mark depends on a number of factors: who was using the mark first, how similar the goods/services are, the footprint of your sales, etc. And while you are not required to register your mark, doing so provides much greater protection against would-be infringers.
How do I register a trademark?
A trademark can be registered with the federal government by filing an application with the United States Patent and Trademark Office (USPTO) and paying the filing fee. A federal trademark registration comes with certain rights that help protect your mark, including the right to file an infringement lawsuit in federal district court, use of the circle R ®, preventing importation of goods with an infringing trademark, and the presumption that you have the exclusive right to that mark. You can also register a trademark with the state. State trademark registrations tend to be much cheaper to file but come with significantly less protection. However, they may be a viable option for you if you only plan to protect your trademark within your home state.
What does trademark law protect against?
Federal trademark law (as defined in 15 U.S.C Chapter 22: Trademarks) protects you against someone else using your trademark or something similar for related goods and services without your permission. It protects against consumers being confused by these other goods and services, which could dilute your brand and/or harm your reputation.
How long does a trademark last?
Federal trademark registration requires that you are actively using the trademark in commerce. You must file maintenance documents at regular intervals to prove your continued use of the mark and avoid cancellation of your trademark for non-use.
While there are some exceptions, these maintenance documents are filed:
- Between the fifth and sixth years after the original registration date
- Between the ninth and tenth years after the original registration date
- Every 10 years after that
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