Trademark Law FAQs

A trademark is a form of intellectual property such as a company name, product name, logo, or other design that identifies products or services as coming from a particular source. A registered trademark is granted by the USPTO after filing a trademark and meeting the requirements set by U.S. statutes.

While trademarks and patents are both forms of intellectual property, they do not protect the same thing. Trademarks protect words, phrases, and designs (i.e. logos) that serve to identify goods or services as coming from a specific source over that of a competitor. An example would be Coca-Cola® having a registered trademark for their brand name as a producer of soft drinks. A patent protects inventions and processes from another party copying, selling, or otherwise capitalizing on the original idea. Patents apply to things like the chemical compounds in a new vaccine or an innovative design for an electric car battery.

While it may seem straightforward, trademark ownership can be quite complex especially when the entity is a business owned by different individuals. When a company changes hands, its assets are part of the exchange and a trademark is considered an asset. This change would necessitate a trademark assignment to be signed and executed by the entity transferring ownership.

If a trademark is filed or renewed with the wrong owner, it can delay a trademark registration or lead to other unintended consequences. If another party files a trademark for a similar product or service in the meantime, the first company may have to wait through the new application’s review process and/or have to spend time and money opposing the new application or cancelling the new registration.

Another issue could be a third party filing a trademark cancellation petition. Trademark registrations provide its owner the advantages of having exclusive rights to the registered mark. However, if the owner of the registered mark fails to enforce the exclusive rights it once secured, such rights may be lost. Consequently, it is critical that trademark registration be maintained and enforced regularly to provide the best protection possible.

While the U.S. grants certain “common law” rights to marks based on their first use in commerce, federal trademark registration is your best protection for a brand name, logo, or other identifying design. A federal registered trademark provides a constructive notice of ownership and an exclusive right to use the mark as it pertains to your particular industry throughout the U.S. It also provides the ability to bring an action to prevent infringement in federal court.

If you don’t live in the U.S. or its territories, yes, you will be required to have a U.S.-licensed attorney represent you during the registration process. Although it’s not required if you are domiciled in the U.S. to have an attorney, it is often quite advantageous to do so. The trademark application process is a legal proceeding that requires compliance with U.S. trademark laws and regulations. An attorney who specializes in trademark law is your best bet for navigating what can be a complex legal process—saving both time and money. I provide guidance before, during, and even after a trademark is registered to help protect your intellectual property.

By conducting comprehensive trademark searches, I’ll help provide the best framework moving forward for registering your unique mark. Once your mark is registered, I’ll help you understand how best to enforce your rights and maintain your trademark.

Finalizing and submitting a trademark application is usually relatively quick with an experienced attorney guiding you through the process. However, the complete registration process can take up to a year or more in some cases.

The costs of registering a trademark vary considerably based on factors such as the complexity of the application, the number of trademarks being sought, the number of classes of goods and services, as well as whether or not the mark is opposed by a third party. For the most up-to-date listing of the USPTO’s filing fees, see their Trademark fee information page.

The first step is to select a mark that you wish to register with the USPTO. This sounds easy but requires a lot of steps beforehand as not all trademarks are registrable or they may offer limited protection if they’re too weak to enforce properly. In short, to submit a trademark application you’ll need to identify your mark format, the precise category of goods and/or services to which they apply, search the USPTO’s database for similar trademarks, and prepare and submit your application.

Trademark infringement is a violation of the rights of the trademark owner. This often occurs when another company uses a similar logo, design, or another aspect of your trademark in the same industry such that customers would likely be confused as to whose products or services are the “real deal”.

Trademark protection requires active enforcement. Working with an experienced trademark attorney can help you navigate your options for seeking specific remedies, which may require filing a federal complaint before a federal court or a Petition for Cancellation or Notice of Opposition before the TTAB.