Trademark Basics
Asked & Answered
What is a trademark?
A trademark is a word, name, or symbol (such as a logo) used in trade to indicate the source of goods and to distinguish them from the goods of others.
Put simply, it is how customers recognize who is behind a product. When a name or logo is registered, it helps you stop others from using something confusingly similar. [ERIC: the original answer mentions goods only. Confirm whether to add that service marks work the same way for services.]
A trademark can be a word, name, logo, or other symbol.
It identifies the source of a product, not the product itself.
It protects your brand, not your invention.
Example: A company sells a line of outdoor gear under a distinctive name and logo. The trademark helps customers find that company's products and helps the company stop imitators.
Next step: [Learn how trademark registration works]([LINK TO TRADEMARK SERVICE PAGE]).
What does a trademark application include, and what does it typically cost?
Our trademark application includes a brief clearance search to check whether your mark is likely to be registered, along with the government filing fee for one class. Our fees for a standard application typically fall between [ERIC: low range] and [ERIC: high range]. The final estimate depends on your situation, and we will confirm it after a short conversation.
The quote covers preparing and submitting the application. It does not cover matters that come up after filing, such as responding to the USPTO or filing proof of use. A "class" is a category of goods or services, and covering more than one class adds to the cost.
Includes a brief clearance search.
Includes the government filing fee for one class.
Does not include post-filing matters.
Example: A new skincare brand wants to protect its name for its products. We search for conflicts first, then file in the class that covers skincare.
Next step: [See the full trademark process]([LINK TO TRADEMARK SERVICE PAGE]).
What is the difference between an in-use and an intent-to-use trademark application?
An in-use application is for a mark you are already using in commerce. An intent-to-use application is for a mark you plan to use but have not launched yet.
For an in-use filing, you submit a photo showing the mark in use on the product and the date it was first used in commerce. An intent-to-use filing lets you file now and secure your place in line, then give the USPTO proof of use after your product launches. [ERIC: the original says this gives "a few months" to launch. Confirm the timing you want stated.]
In-use: requires a photo of the mark in use and the first-use date.
Intent-to-use: no proof of use needed at filing, but proof is required later.
Both are used to register the same type of mark.
Example: A founder is still building a product and has not sold anything yet. An intent-to-use application lets them file now and submit proof of use after launch.
Next step: [Talk with us about which filing fits your timeline]([CONSULT URL]).
Are there additional fees after a trademark application is filed?
Yes. Every application quote covers only preparing and submitting the application. It does not include post-filing matters such as responding to USPTO office actions, submitting a statement of use, or paying maintenance fees.
Not every trademark runs into all of these. Whether you need to respond to an office action, for example, depends on what the examiner raises. We explain what is likely for your mark before you file.
Office action responses are billed separately.
A statement of use is needed for intent-to-use filings.
Maintenance filings keep a registration alive.
Example: A business files an intent-to-use application, receives approval, and later submits a statement of use once it starts selling. That later step is separate from the original filing.
Next step: [See the trademark maintenance requirements]([LINK TO TRADEMARK MAINTENANCE PAGE]).
Can I use my trademarked name as my patent title?
Yes, but we usually recommend against it. Patents and trademarks are separate kinds of protection and do not interfere with each other. For patent titles, we suggest keeping the title simple and to the point to avoid issues with the USPTO.
Your brand name can live in your trademark filing and your marketing. The patent title should describe what the invention is, not what it is called in stores.
Patent and trademark rights are independent.
A plain, descriptive patent title is safer.
Brand names belong in the trademark application.
Example: A company sells a product under a catchy brand name. The patent is titled with a plain description of how the device works, and the brand name is protected separately as a trademark.
Next step: [Read the basics of what a patent protects]([LINK TO PATENT BASICS PAGE]).
What is the difference between a trademark, a copyright, and a patent?
A trademark protects brand identifiers like names and logos. A copyright protects original creative works such as writing, art, music, and software code. A patent protects inventions and how they work. [ERIC: please review this whole answer]
The three can overlap on a single product. A company might patent a new device, trademark its name and logo, and copyright its manual and website content. Each protects something different, and each has its own process.
Trademark: brand names and logos.
Copyright: creative works.
Patent: inventions.
Example: A new fitness app could have a patent on a novel tracking method, a trademark on its name and logo, and copyright on its written content and designs.
Next step: [Learn what a patent protects]([LINK TO PATENT BASICS PAGE]).
Do I need to register my trademark, or is using it enough?
You can gain some trademark rights just by using a mark in business, but registration gives you much stronger and broader protection. Registering with the USPTO is generally recommended if the brand matters to your business. [ERIC: please review this whole answer]
Rights from use alone tend to be limited to the area where you actually do business and can be harder to prove. A federal registration puts the public on notice of your claim, supports your right to the mark nationwide, and makes enforcement easier. It also allows you to use the registered trademark symbol (®).
Using a mark can create some rights, but they are narrower.
Registration offers broader, nationwide protection.
A search before you commit to a name can prevent costly rebranding.
Example: A small business has used a brand name locally for years. A competitor in another state starts using a similar name. A federal registration would give the business a much stronger position.
Next step: [Start with a consultation to check your name]([CONSULT URL]).
Not sure where you fit?
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