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Trademarks
Most Frequently Asked Questions
- What is a "Trademark" or "Service Mark"?
- A Trademark is used on goods to identify the source of those goods. A Service Mark is used to identify the source of services provided by a company.
- Why do I need a U.S. Trademark or Service Mark?
- A trademark is an important part of the marketing of your invention or the service which you provide in the U.S. If you are selling a quality product or service, you want the people who use your product or service to recognize the merit of choosing your product or service. People identify a quality product by its trademark or logo when making a purchase. You also want your product clearly marked so that users will not be deceived by purchasing a product of lesser quality.
- On what can I obtain a U.S. trademark?
- Your company name, your product name, a logo involved with your trademark, in some instances the design of a container that is associated with your product, certain ornamentation which may be applied to a product, and a series of sounds used with the promotion of your product.
- Isn't registering my company name with my State Corporation Commission enough protection?
- No. Registering your company name with your State only means that no one else can operate within your State using the same company name. A U.S. trademark is protection in all 50 states.
- Do I need a trademark in foreign countries?
- If you wish to sell your invention in foreign countries, we recommend that you file for a trademark in the foreign country of your choice. You must realize that if you do not file for a trademark in a particular country, someone else can file for the trademark and market the product in the same country. They would not be able to sell the product in the United States, though, if you have a U.S. trademark on the same product.
- How long does it take to obtain a trademark in the United States?
- On the average, six months to a year from the date the application is filed.
- What type of U.S. trademark application do I file? Intent-to-Use application? Use application?
- The Intent-to-Use application is filed if you are not yet using the trademark; however, you must have a bona fide intention to use the trademark and must sign a declaration to that effect. An individual or company is not allowed to choose a list of trademarks that they have no intention of using. If an Intent-to-Use application is filed, the Trademark Examiner will request specimens when the application is allowed and you have a set time period in which to produce the specimens.
For a Use application, you must have three specimens (discussed below) and also must provide the "First Date of Use Anywhere" for the trademark and the "First Date of Use in Interstate Commerce". For the dates, they must be the dates on which the product/service was actually marked with the trademark as you have applied for it in the Use application.
- What qualifies as a "specimen" for filing with a U.S. trademark application?
- For a service mark - Examples: Letterhead, business cards, brochures, or other material of this type that must have the actual trademark name imprinted upon it.
For a trademark - Examples: Labels affixed to the product, instruction or installation sheets that are shipped with the product, the shipping container, or other material of this type that must have the actual trademark name imprinted upon it.
- How long does my U.S. trademark last?
- The trademark is good for as long as you are actually using the trademark. To verify use, you must file a Statement of Use (with a fee) periodically with the U.S. Patent and Trademark Office.
- How can I find out more about U.S. trademarks?
- You may complete our Contact Page to request our trademark info packet which includes the cost involved.
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