Ten Most Frequently Asked Trademark Questions

1. What is a trademark?

A trademark is the product brand selected by the manufacturer or merchant to identify the source or sponsor of its products or services.

2. What does a trademark do?

A trademark serves three main purposes. 1) a mark serves to indicate the source or origin of the goods; 2) a mark guarantees the quality of the goods bearing the mark and 3) the mark helps create and maintain a demand for the product through advertising.

3. How do I get a trademark? What is the process?

To get a trademark, one can file an application with the US Patent and Trademark Office. Once the application is received, it is reviewed by a government attorney. A thorough search is conducted, and if there are any conflicts or technical issues, they contact the owner or correspondent. The application then is approved for publication, published for opposition, formally allowed, and then it registers.

3. Do I need a search?

Your trademark may possibly infringe on an existing or confusingly similar mark. If this happens, you will most likely be forced to stop using your mark, and will probably have to destroy all materials bearing the infringing mark. However, often the most damaging result of having to stop using your mark is the loss of customer recognition of your product or service. A trademark search will minimize these risks associated with the adoption and use of a new mark. If a trademark search reveals a mark that is the same or similar to a proposed mark, further investigation may
be necessary to determine whether the conflicting mark is in active use and, if so, the nature of the owner’s rights in it.

4. How long does it take to get a trademark?

It generally takes 8-12 months for a trademark application to register.

5. What happens if someone else already has my trademark name?

If you conduct a search and a conflict is found, the National Trademark Center will conduct a second search for a new mark at no extra charge. If you have already filed the application and a government attorney at the Trademark Office finds a conflict, the National Trademark Center will advise you of the best course of action, whether it be arguing against the Trademark Office, or filing a new name.

6. If I have a design and a word, do I need two separate trademarks?

As a general rule, it is best to present the mark on the application the way it is used in commerce. Therefore, if the mark is a word, and is used on its own, without a design, file an application for the word alone. If the word always or often appears with a design, combine the mark with the design on the application as well.  Once an application is filed, it cannot be altered in a significant manner.

7. When can I use the TM symbol?

The TM symbol can be used as soon as the mark is used in commerce. The TM is actually a symbol representing a claim of ownership.

8. When can I use the R symbol?

The R in the circle may be used once a trademark application has been registered and the certificate has issued.

9. What is the duration of a trademark?

The life of a federal trademark is ten years. It is renewable for additional ten year periods.

10. Do I need to sell or use the product in order to get a trademark?

No. Under the Lanham Act, applications may be filed on intent to use a mark. Once the application is formally allowed, use of the mark must commence withint three years or the application will expire. Registration will not be granted until actual use occurs.