Registering a Trademark
Owning a federal trademark registration protects your business by providing constructive notice to the public of ownership of the mark, it gives you a legal presumption under the law as to ownership, as well as many other benefits.
However, you do not need to register a trademark in order to have the right to use the mark. Trade mark rights come from actual use in commerce, not from registration. In fact a regirstered trademark that is not being used is considered abandonded and the protections are lost.
There are three basic types of trademarks:
Common Law (unregistered) trademark – is any name, logo, slogan or other distinctive brand identifier used in conjunction with the offering of a product or service. The use of the “TM” symbol indicates that the owner of the mark claims the right to its exclusive use.
State Registered Trademark – is a trademark or service mark registered with the State or states in which the business operates, but it is not registered with the federal trademark office. Registering a state trademark is often cheaper, simpler and quicker than seeking federal registration.
Federal Registered Trademark – is a trademark or service mark that has been filed with the United States Patent and Trademark Office (USPTO). Federal registration is only available for marks that are used in interstate commerce. If your business is entirely within a single local area and your products and services do not cross state lines, federal registration may not be possible. Only trademarks that have been registered with the USPTO are permitted to use the ® symbol.
Free Download – Our Trademark Guide (requires registration)
How to file a trademark
Assisted filing
Hire us to help you with the filing process. We can walk you throught the steps, review your application for completeness and provide you with quides for your specific area. We also offer FREE state and federal trademark search.
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Automated filing
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