Trademark Frequently Asked Questions
A trademark is a word, phrase, symbol, or design that identifies the source of goods or services and distinguishes them from others.
The process generally takes 8 to 10 months, depending on the USPTO’s review time and any office actions. After approval, it is published for opposition for 30 days before registration is finalized.
The cost for a single-class federal trademark application starts at $999 + filing fees. Additional services, such as comprehensive clearance searches or responding to office action may incur additional fees.
While it’s possible to register a trademark without a lawyer, having a professional ensures that the application is done correctly, minimizing risks of an office action, rejection, or disputes.
Federal trademarks offer nationwide protection, while state trademarks only offer protection within a specific state. Our services primarily focus on federal trademarks but we can file for state trademark registrations when appropriate.
The first renewal must be filed between the 5th and 6th years after registration (Section 8), and another between the 9th and 10th years (Section 9). After that, renewals are required every 10 years.
If a third party opposes your trademark during the 30-day opposition period, Adam will guide you through the process of defending your application.
A knockout search is done before filing to check for any existing trademarks that might conflict with yours. This is critical to avoid refusal or disputes during the application process.
Yes, logos can be trademarked. If the logo includes specific colors, they may be filed as part of the trademark. Adam will help determine the best approach.
If a trademark is not used in commerce, it may be subject to cancellation. You must file proof of use when required during the renewal process.
Under certain very limited circumstances, a t-shirt design may function as a trademark, that is, as a source indicator, but most t-shirt designs do not qualify for trademark protection. The USPTO typically refers to them as ornamentation, not trademarks. If you want to use a trademark on a t-shirt, the mark should be placed on a label or hang tag.
- An Intent to Use (ITU) trademark is one that is not being used in commerce but which the Applicant has a bona fide intention to use. For example, if you plan to start a business but your goods or services may not be ready to launch in the near future. By filing an Intent to Use trademark application, you can reserve a trademark while you prepare to launch your business. You should understand that once the USPTO approves the ITU application, you have 6 months to prove that you are using the trademark in commerce. You can extend the period for another 6 months five times for a fee.
- An In Use trademark application is filed if you are actively using the trademark in commerce. As part of the in use trademark application you must submit proof showing the trademark is in regular commercial use.
