What Is Trademark Registration?

A trademark is a word, phrase, symbol or design that differentiates a company’s goods or services from those of other businesses. Trademarks are used to identify the source of a good or service, and they can also provide protection against unfair competition and deceptive advertising. While registration is not a requirement for enjoying protection of your trademarks in some jurisdictions, it can be very helpful in enforcing your rights and preventing others from using a similar mark to market their products or services.

A federal trademark application must be filed with the United States Patent and Trademark Office (USPTO). The USPTO has made it possible to file a trademark online through TEAS, a simplified online system that can help you avoid delays and additional fees. A basic filing will require your name, contact information, business description, listing of the products or services for which you want to register, the class in which the product or service falls and the date on which you first used the mark in commerce.

After completing the TEAS filing, you will receive an email from the USPTO asking whether your application meets the minimum requirements to proceed with the trademark examination process. This review typically focuses on the likelihood that your trademark will cause confusion with another already registered mark, and the details you provided in your application. The USPTO can reject your application or issue an Office Action if it does not find the mark sufficiently distinctive.

The next step in the process is to resolve any issues identified by the USPTO, which may include proving that you are actually using your trademark in commerce or that you have a legitimate intention to use it in the future. This can take 12-15 months on average, but can be significantly longer if you are facing opposition or other legal proceedings.

Once your trademark is registered, you will be able to put an “(r)” symbol on all of your marketing materials and can take advantage of certain other benefits that come with being a trademark owner. However, it’s important to remember that your trademark is only protected for 10 years and will need to be renewed at regular intervals in order to remain valid.

Trademark applications are complicated and filled with decisions that often raise legal questions, making it best to hire a Rocket Lawyer network attorney to handle your trademark registration. Our network attorneys are available to answer any legal questions you might have regarding your trademark application, and they can also guide you through the entire process. To get started, fill out our trademark questionnaire and we’ll connect you with the right network attorney. You can also book a free consultation with one of our lawyers to discuss your specific needs and concerns.