The term ‘trademark’ incorporates both a traditional trademark, which represents a good, and a service mark, which represents a service. They are typically names, slogans, logo designs or symbols that differentiate your business’ good or service from those of your competition. This means that you can trademark the same company name that you’ve registered and you also have the choice to select a slogan, an image, or the name of a popular product or service that your company offers. Trademarks usually last for as long as the owner continues to conduct business under them, and are indicators of intellectual property.
Registering a trademark establishes common law rights for your company. These rights include the exclusive right to use the trademark (with its corresponding goods and services) nationwide and a legal presumption that you are the owner of the name, slogan or image. However, these rights can be revoked if someone else is able to prove that their usage predates yours. This is why it’s so important to research your trademark extensively before applying.
Federal trademark registration in the USA is carried out by the United States Patent and Trademark Office (USPTO). Their website offers trademark guidelines, a search tool for checking the availability of trademarks, and a fee guide. The typical cost of afederal trademark is around $300. State trademarks can be significantly cheaper, but are much more limiting and do not grant nationwide rights. More information on these can be obtained from your local Secretary of State.
Once your trademark is accepted, you will receive official listing on the USPTO website, printing in their Official Gazette (OG), and a registration certificate. Additionally, your trademark will now have the right to be followed by the ‘®’ symbol, a nationwide indicator of exclusivity and quality. Your trademark will command legal rights against anyone who attempts to register a trademark deemed ‘confusingly similar’ to yours, and you can record your trademark with the United States customs and border protection, which can help stop the import of any goods considered to be infringing or counterfeit. Lastly, your federal trademark registration can grant you the opportunity to register your trademark in global markets.