One of the best ways to protect your intellectual property rights as a business owner is by trademarking your name. Your business name, logo, and slogan can all be protected – by what exactly is it?

In this article, we explain what a trademark is, highlight some benefits of getting one, describe the process of applying for one, as well as answer other FAQs about trademarks.

In This Article:

• What is a Trademark?
• What are the Benefits of a Trademark?
• How Do You Trademark Your Business Name?
• What Can't Be Trademarked?
• How Much Does a Trademark Cost?
• How Long Does a Trademark Last?

What is a Trademark?

Think of a trademark as a mark or identifier of your trade (or business). It can be a symbol, logo, word, phrase, or a combination of all of these, issued by the United States Patent and Trademark Office (USPTO).

The purpose of a trademark is to identify your goods or services. It distinguishes your products from your competitors and other similar products.

One common misconception about trademarks is that the owner legally owns the symbol, phrase, etc. That is incorrect; you cannot own a word or phrase. However, a trademark means that no other company in your field can use your trademark for a similar product.

For example, if you purchase a trademark for your plumbing business, no other plumbing business can use your trademark without facing legal consequences because it’s your intellectual property.

However, a business in another field – like a bakery – could potentially use the same trademark because they are not a competing business.

What are the Benefits of a Trademark?

Obtaining a trademark for your business is beneficial for many reasons.

• Your trademark will be listed with the USPTO
• Your trademark can be discovered by others since it’s public record
• Your registration protects your brand and can be legally enforced should another related business use it
• You can use the registered trademark symbol ® on all of your materials – signage, stationery, marketing materials, etc.
• Your U.S. registration makes it easier to obtain trademark registration in other countries

How Do You Trademark a Name?

The trademarking process can be a bit lengthy and cumbersome. You are not required to hire or consult an attorney, but the USPTO recommends that you do, so you save yourself time and potentially money. Here’s a quick breakdown of the process.

Decide if You Need One

Not every business needs trademark protection – and some may not be able to. If you only operate in a specific geographic area and have no intention of expanding, you may not need to go through the hassle of applying and getting a registered trademark.

Using your business name already lays some common law claims to it. If you can prove that you were the first in your area to use that name, logo, phrase, etc., that may be enough to bring charges against another related company in your area copying you– but there’s no guarantee.

Using the trademark symbol ™ notifies other companies that you are claiming that trademark and it may be enough to steer others away from using it – but the ™ symbol doesn’t offer any legal protection.

If you want nationwide coverage for your name, logo, phrase, etc. and you are willing to pay the associated fees (more on that momentarily) then a trademark will benefit you. Determine what you want to trademark before continuing.

Search the USPTO Database

To ensure that you can apply for your desired trademark, you must search through the USPTO database and determine if another company already has a registered trademark that is very similar to the one you desire. This is where an attorney trained in intellectual property rights and the USPTO system would be useful.

The USPTO has directions for you to follow if you are going to do this yourself. You will need to search not only for the exact name but any similar or related name, as well as symbols related to your logo (if trademarking your logo).

Prepare and Submit Your Trademark Application

Once you have determined that your desired trademark is available, it’s time to prepare your application. Be aware that it will require a significant amount of your time. Begin by creating an account with the USPTO and select “file an application” from your dashboard.

You have the option of filing the Trademark Electronic Application System (TEAS) Plus or Standard applications. The Plus application is less expensive but has more filling requirements. Once you submit your application, you will receive a serial number for your reference. You will be assigned a USPTO attorney who will review your application.

What Can’t Be Trademarked?

There are some words and phrases that cannot be trademarked. These are sometimes called “weak trademarks” and fall under one of two categories: descriptive trademarks and generic trademarks.

• Descriptive trademarks: You are unable to trademark descriptive works because they are too common and could describe other products and services. If you have an ice cream shop, you would not be able to trademark the word “creamy.”
• Generic trademarks: A generic trademark isn’t actually a trademark at all because they are common names for everyday items. If you own a used-car dealership, you cannot trademark the name “car.” A trademark needs to be unique, fanciful (or invented), and arbitrary – no relation to the product.

How Much Does a Trademark Cost?

The cost of your trademark depends on which application you choose. The TEAS Plus application is $250 “per class of goods/services” and the Standard application is $350 per class of goods or services.

To use the TEAS Plus application, you must choose entries of goods/services from the Trademark ID Manual and meet other requirements. If you cannot meet those requirements, you’ll have to use the TEAS Standard application.

If your goods or services fall under multiple categories or classes, you will need to pay for each class you want to be protected. In the picture below, you can see that a plumbing company may have goods or services that fall under multiple classes.

The total trademark fee will vary based on these factors.

How Long Does a Trademark Last?

Once you have successfully obtained a trademark, it can last indefinitely as long as it is maintained. This is how you maintain your trademark.

• Six years after the trademark registration date, you will need to submit a declaration (called a Section 8 declaration) attesting that your trademark is being used in commerce or is not being used – and has an excusable reason – with the goods or services that the trademark covers. You also must pay a $200 filing fee.
• Ten years after your original registration date you must submit the Section 8 and 9 combined filling – essentially attesting that you are still using it – and pay the $200 filing fee.
• Every ten years you will need to submit the Section 8 and 9 combined filling and pay the fee in order to keep your trademark registration active.

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