Everything You Need to Know About Trademarks

Introduction to Trademarks:
Covering the basics

1. What is a Trademark?
A trademark is a word, logo, symbol, phrase, sound, or design that legally sets your brand apart from others in the marketplace. It acts as your brand’s signature — identifying the source of your goods or services so customers know exactly who they’re buying from. Trademarks are crucial for building trust, standing out in a crowded market, and protecting your brand identity from imitators.

Think of it like this: when you see the bitten apple, you don’t need a label to know it’s Apple. When someone says “Just Do It,” Nike instantly comes to mind. That’s not just good marketing — that’s the legal and strategic power of a trademark in action. Whether you’re a startup or an established brand, having a trademark means you own a piece of mental real estate in the minds of your customers.

2. What’s the difference between a trademark, copyright, and patent?
Trademarks, copyrights, and patents are all types of Intellectual Property (IP), but they protect very different things — and knowing the difference can save you time, money, and legal headaches.

Trademarks protect brand identity: names, logos, taglines, sounds, and even certain colors that signal your business to the world.

Copyright protects creative expression: books, songs, films, artwork, software code — anything original that’s fixed in a tangible form.

Patents protect inventions: machines, methods, formulas, product designs, and other new, useful, and non-obvious innovations.

So, if you’re writing a novel, you’ll want copyright. If you invent a phone that folds into a drone, you’ll want a patent. But if you’re building a brand — selling coffee, clothing, consulting, or anything in between — a trademark is the tool that protects your name and reputation in the marketplace.

3. What can be trademarked?
You can trademark just about anything that helps consumers recognize your brand and tells them, “This product or service comes from you.” That includes:

Business or product names (e.g., Coca-Cola)
Logos and symbols (e.g., the McDonald’s golden arches)
Slogans or taglines (e.g., “Have it your way”)
Distinctive packaging or product shapes (also called “trade dress”)
Unique sounds (like the NBC chimes or MGM’s lion roar)
Signature colors (think Tiffany blue or UPS brown)

The most important factor is distinctiveness — your mark must be unique enough to stand out and avoid confusion with existing brands. Generic or overly descriptive terms won’t qualify.
If you’re unsure whether your idea is “distinctive enough,” see question #9 for a more in-depth answer on distinctiveness.

4. What cannot be trademarked?
Not everything is eligible for trademark protection. The U.S. Patent and Trademark Office (USPTO) will reject:

Generic or overly descriptive words (e.g., trying to trademark "Milk" for a dairy brand, “Fresh Bread” for a bakery, or “Clean Windows” for a window-cleaning service)
Names or symbols that are confusingly similar to existing trademarks
Government symbols (like national flags or official seals)
Misleading terms (a trademark that is deceptive or misleading — like calling your brand “Organic Health Juice” when the product contains no organic ingredients, or “Paris Skincare” when it’s made in the U.S.)
Names of living people without their consent

If a mark doesn’t clearly distinguish your brand or breaks legal guidelines, it won’t be approved.

5. What is the difference between ™ and ®?
™ (Trademark): Indicates that you're claiming a trademark, even if it’s not officially registered. You can use ™ freely to assert common law rights.
® (Registered Trademark): Reserved for trademarks that have been formally approved and registered with the USPTO. It gives you stronger nationwide legal protection.
In short: use ™ while applying, and switch to ® once your registration is complete.

6. What is the difference between common law and federal trademark rights?
Common law trademark rights are automatic. The moment you use a unique mark in commerce, you gain some legal protection — but only within your local geographic area. These rights arise from actual use, not registration.

Federal trademark rights, on the other hand, come from registering your mark with the United States Patent and Trademark Office (USPTO). Federal registration gives you nationwide protection, the ability to sue in federal court, use the ® symbol, and block confusingly similar marks. In short: common law protects you locally, registration protects you nationally.

7. What are trademark classes?
Trademark classes are how the U.S. Patent and Trademark Office (USPTO) organizes everything you can possibly sell or provide — from t-shirts to tech support. When you apply for a trademark, you’re not just claiming a name or logo in general — you’re claiming it in connection with specific goods or services. That’s where classes come in.

There are 45 total trademark classes:

Classes 1–34 cover physical products (like skincare, shoes, supplements, or electronics).
Classes 35–45 cover services (like consulting, education, legal services, or restaurant operations).

Example:
If your brand sells clothing, you’ll register under Class 25. But if you’re also selling skincare, you’ll need Class 3 too. Each class requires an additional fee — and each one limits where your trademark protection applies.
Important: Your trademark only protects you within the class(es) you register. That means someone else could legally use the same name in a totally different industry — like “SAGE” for a software brand (Class 9) and “SAGE” for a tea company (Class 30) — unless your mark is famous enough to cross all class boundaries (think Nike or Apple).

You can browse all 45 classes and examples directly on https://www.uspto.gov/. Knowing your class is step one in making sure your brand is properly protected.

What to Know Before You File an Application:

Make smart decisions and avoid mistakes before filing your application

8. Do I need a lawyer to file a trademark?
No, you don’t need a lawyer to file a trademark, but having one can significantly improve your chances of success. An attorney can help with the initial search, identify potential conflicts, ensure your application is properly filed, and respond to legal issues that may arise. While not legally required, hiring an attorney is highly recommended — especially if you’re serious about protecting your brand.

9. What is a trademark search, and should I do one before applying?
Yes — conducting a trademark search is a crucial first step before filing an application. A trademark search helps you find out whether your proposed name, logo, or slogan is already registered or in use by someone else. This can prevent costly legal issues and increase the chances your application will be approved.

You can start with a basic search using the USPTO’s TESS (Trademark Electronic Search System) to check for identical or similar marks. However, trademark conflicts often involve similar-sounding names, visual similarities, or partial overlaps — not just exact matches.

That’s why it’s highly recommended to have an experienced professional — such as a trademark attorney or intellectual property specialist — conduct a comprehensive search. These professionals use advanced tools and databases to uncover potential risks that a basic search might miss.

Skipping this step is one of the most common reasons applications are rejected or later challenged.

10. What makes a trademark “distinctive” enough to be approved?

To be registered, your trademark must be distinctive — meaning it clearly identifies your brand and sets it apart from others in the marketplace.

The USPTO classifies trademarks on a spectrum of distinctiveness:

Fanciful or Coined – Invented words with no prior meaning (e.g., Kodak, Xerox)
Arbitrary – Real words used in a way unrelated to their common meaning (e.g., Apple for computers)
Suggestive – Hints at a product’s qualities without describing it directly (e.g., Netflix, Jaguar)
Descriptive – Describes the product or service (e.g., Cold and Creamy Ice Cream) — these are usually not approved unless they’ve gained “secondary meaning” through widespread use
Generic – Common terms for the product or service (e.g., Milk for dairy)

Stronger marks (fanciful, arbitrary, suggestive) are more likely to be approved and easier to protect. Descriptive or generic terms are weak and typically rejected unless the brand has become widely known under that name.

11. Can I trademark something without using it yet? (intent-to-use applications)

Yes — you can file an "intent-to-use" (ITU) trademark application if you haven’t used your mark in commerce yet but plan to do so soon. This reserves your rights while you finalize your product or brand launch. However, you’ll need to provide proof of actual use before the registration is completed (e.g., website, social media account, record of sales, etc.), typically within six months, or up to three years with extensions.

12. What is the Supplemental Register?

The Supplemental Register is a secondary list maintained by the USPTO for marks that don’t yet qualify for the Principal Register — typically because they’re descriptive and lack distinctiveness.

Being on the Supplemental Register doesn’t give you full trademark rights, but it still offers benefits:

You can use the ® symbol
Your mark is listed in USPTO records
It may serve as a foundation for future registration on the Principal Register
It’s often a stepping stone for marks that could acquire distinctiveness over time through widespread use.

13. Can I use a similar trademark if I'm in a different industry?

It depends. Trademarks are registered by category (or class), so two companies can use the same name if they operate in completely different spaces and don’t create confusion. For example, “Delta” is both an airline and a faucet brand. But if the industries are too close, or the name is famous, you could still face legal issues.

14. What is the difference between a business name, domain name, and trademark?

A business name is your legal name with the state (e.g., LLC or corporation). A domain name is your web address. A trademark protects your brand in the marketplace. Registering a business or domain name does not give you trademark rights — only a registered trademark provides that protection.

Registration Process:

Understand the steps, costs, and timeline for filing

15. How do I register a trademark?
To register a trademark in the U.S., you file an application with the United States Patent and Trademark Office (USPTO). The process involves:

Selecting your trademark
Identifying the goods or services it will represent
Conducting a search to ensure it’s not already in use
Submitting a formal application — typically through the USPTO’s online portal

Once submitted, your application will be reviewed by a trademark examiner and may go through several steps before approval, including a public objection period.

16. How much does it cost to trademark a name or logo?
The total cost to register a trademark with the U.S. Patent and Trademark Office (USPTO) depends on several factors, including how many classes of goods or services you are registering, the type of application you use, and whether your mark is already in use.

Base Application Fees:

$350 per class – Standard TEAS application
$100 per class – If your application is missing required information
$200 per class – If you use free-form text instead of the USPTO ID Manual
$200 per 1,000 extra characters – For lengthy descriptions (per affected class)

Intent-to-Use Application Fees (if you haven’t used your trademark in commerce yet):

$150 per class – To file a Statement of Use
$125 per class – For each extension request (up to five allowed)

Reviving an Abandoned Application:

$250 flat fee – To petition the USPTO to revive an abandoned application

Trademark Maintenance and Renewal Fees (to keep your trademark active, you must file maintenance documents at set intervals):

5-Year Maintenance (Year 5–6)

$325 per class – Section 8 declaration (proof of continued use)
$100 per class – Grace period fee (if filed late)
$575 per class – Combined Section 8 and Section 15 (incontestability) filing

10-Year Renewal (and every 10 years after)

$650 per class – Combined renewal and Section 8 declaration
$100 per class – Grace period fee (if filed late)

Optional Incontestability Filing:

$250 per class – Section 15 declaration (can also be filed separately)

⚠ If you're registering in multiple categories (like clothing and accessories), you’ll pay per class.

17. How long does the trademark process take?
On average, it takes 12-18 months for a trademark to be fully registered, though it can take longer if the application faces objections, rejections, or oppositions. After submission, the USPTO typically issues a first response within 3–4 months. From there, the process can move quickly or slowly, depending on the complexity of your mark and whether others challenge it.

18. What happens if my trademark application is rejected?

If the USPTO refuses your application (called an “Office Action”), you’ll receive a letter explaining the reason — such as similarity to an existing mark, descriptiveness, or missing information.

You usually have six months to respond with corrections, arguments, or evidence. If you don’t reply in time, the application is considered abandoned. While many rejections can be fixed, some may require you to rebrand or revise your filing strategy. An experienced trademark attorney can help craft a strong response or explore other options.

Maintenance and Protection:

How to keep your trademark and defend it

19. How long does a trademark last?

A federally registered trademark can last indefinitely, as long as it’s actively used in commerce and properly maintained. However, you must file specific documents with the USPTO at set intervals — including a renewal between years 5–6 and again every 10 years — to keep the registration alive. If you miss these filings, your trademark may be canceled, allowing someone to steal and use the "dead" or canceled trademark.

A trademark becomes “dead” when the owner fails to meet required legal obligations, such as responding to a USPTO Office Action, filing a Statement of Use, or submitting mandatory renewal documents between the 5th and 6th year or every 10 years after registration. It can also become dead if the owner voluntarily withdraws the application or if the USPTO cancels it due to legal issues or lack of use.

20. Do I need to renew my trademark registration?
Yes. To keep your trademark active, you must file maintenance documents with the USPTO. The first is due between years 5 and 6 after registration (Section 8), and again every 10 years (Sections 8 and 9). If you miss these deadlines, your trademark will be canceled and your mark will lose its federal protection.

21. Can I modify my trademark after registration?
You can make minor changes, like correcting a typo in the owner’s address or updating the owner’s name. However, you cannot change the trademark itself (the wording or design) once it’s registered. If you want to use a new version of your logo or name, you’ll need to file a new application.

22. Can I sell or transfer my trademark rights?
Yes — trademarks are considered intellectual property and can be sold, assigned, or transferred like any other asset. You must file an assignment with the USPTO to officially record the change of ownership. This often happens when businesses are bought, rebranded, or when trademarks are licensed to others.

23. What happens if someone uses my trademark?
If someone uses your registered trademark without permission, you have the right to take legal action. This can include sending a cease-and-desist letter, filing a trademark infringement lawsuit, or pursuing damages in federal court. Having a registered trademark strengthens your case and gives you broader protection.

24. What is a cease-and-desist letter, and when should I send one?

A cease-and-desist letter is a formal request asking someone to stop using your trademark without permission. It’s often the first step in enforcing your rights — especially if the other party is causing confusion, harming your brand, or infringing on your legal protections.

You can send a letter yourself, but having an attorney draft it carries more weight and can deter escalation. If the infringement continues after the letter, the next steps may include filing a complaint with online platforms, pursuing a domain dispute, or initiating a lawsuit.

25. What is trademark infringement?

Trademark infringement occurs when someone uses a name, logo, or other mark that is confusingly similar to yours in a way that could mislead consumers. It doesn't have to be identical — if it creates confusion about who owns the product or service, it could qualify as infringement. Registered trademarks give you the legal grounds to stop others from doing this.

26. How do I protect my trademark internationally?
U.S. trademark registration only protects your brand within the United States. If you want international protection, you can apply through the Madrid Protocol, which allows you to register your trademark in multiple countries through a single application. Keep in mind that each country has its own rules and fees, so approval is not guaranteed everywhere.

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The information in this guide is for general educational purposes only and does not constitute as legal advice. While much of the content is based on publicly available materials from the United States Patent and Trademark Office (USPTO), it has been independently written and summarized. For official and up-to-date information, visit www.uspto.gov, including the USPTO’s Trademark Search Tool.

Always consult a licensed trademark attorney or intellectual property professional for legal advice tailored to your specific situation. Use of this guide does not create an attorney-client relationship.

Answering 25+ Essential Questions About U.S Trademarks

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