America trademark register [Fact-Checked]

Last updated : Sept 16, 2022

How do I get a US trademark?

1. Application becomes public record.
2. Determine what type of trademark you want to register.
3. Search for a trademark that's confusingly similar to yours.
4. Identify and classify your goods or services.
5. Know your filing basis.
6. Choose your application form.

Where do I register a trademark in USA?

• Website: U.S. Patent and Trademark Office. Trademarks Department.
• Contact: Contact the U.S. Patent and Trademark Office. Staff Directory.
• Email: usptoinfo@uspto.gov.
• Phone Number: 1-571-272-1000.
• Toll Free: 1-800-786-9199 (8:30 am - 8:00 pm, ET)
• TTY: 1-571-272-9950.
• Forms: Patent Forms.

Is trademark registration mandatory in USA?

No. In the United States, parties are not required to register their marks to obtain protectable rights. You can establish “common law” rights in a mark based solely on use of the mark in commerce, without a registration.

How do you find out if a name is trademarked us?

You can search all applied-for and registered trademarks free of charge by using the U.S. Patent and Trademark Office (USPTO)'s Trademark Electronic Search System (TESS). If your mark includes a design element, you will have to search it by using a design code.

Can I register trademark myself?

Any layman who wants to register a trademark can apply himself. But when the practical applicability is considered, appointing an attorney will ease the process to register a trademark. Certain procedures are to be followed to apply for a trademark. An application is filed.

Can I trademark my name?

You can trademark your name if it has business or commercial value. Trademarking your name gives you an additional brand and keeps others from using your name. To trademark your name you must meet specific requirements with the U.S. Patent and Trademark Office (USPTO).

Can a non US citizen file a trademark?

From August 3, 2019, non-residents of the United States will be able to apply for registration of trademarks and patents to the United States Patent and Trademark Office (USPTO) only with an attorney who is licensed to practice law in the United States.

What is the cheapest way to trademark?

The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS).

How long does trademark last?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

How do I trademark a logo in USA?

How to Trademark a Logo. A unique logo can be trademarked by registering it with the USPTO. Anyone can apply online on the USPTO website if the business for which they're authorized to file is principally located inside the U.S. If based outside the U.S., a patent attorney will be required to make the filing.

What's the difference between TM and R?

You do not have to have registered a trademark to use it and many companies will opt to use the TM symbol for new goods or services in advance of and during the application process. The R symbol indicates that this word, phrase, or logo is a registered trademark for the product or service.

How do trademarks work in the US?

having a registered trademark. You become a trademark owner as soon as you start using your trademark with your goods or services. You establish rights in your trademark by using it, but those rights are limited, and they only apply to the geographic area in which you're providing your goods or services.

How do I trademark a name for free?

You can not register a trademark for free. However, you can establish something known as a "common law trademark" for free, simply by opening for business. The benefit of relying on common law trademark rights is that it's free, and you don't need to do any specific work filling out forms, etc.

Can two businesses have the same name?

Can Two Companies Have the Same Name? Yes, however, certain requirements must be met in order for it to not constitutes trademark infringement and to determine which party is the rightful owner of the name.

Who owns a trademark?

Trademark owner is the party who controls the nature and quality of the goods and services used in connection with the brand. The owner of a trademark is the person who applies the mark to goods that they produce, or uses the mark in the sale or advertising of services that they perform.

How do I register my brand name?

1. Register on the trademark office portal:
2. Trademark search:
3. Filing of trademark application:
4. Examination of trademark application:
5. Show Cause Hearing:
6. Publication of Mark in Trademark Journal:
7. Trademark registration & certification:

How much does trademark registration cost?

The cost of registration per application is about Rs. 4000. If any person is registering its brand or register logo under many categories, then he/she have to pay Rs. 4000 per category.

Can I register a trademark without a company?

Any individual – Indian National or Foreign National can easily register a trademark in India. There is no requirement for forming a legal entity or business entity to register a trademark.

How do I copyright a logo?

All you need to do is register your ownership of your copyright with the Office for United States Copyrighting. You can do this either by sending a document in through the mail or submitting an application online. Typically, and at the time of publication, it costs between $35 and $85 to officially copyright a logo.

Can two companies have the same trademark?

The short answer is, “it depends.” It depends on (1) Whether the other business is in the same industry; (2) Whether the other business is in the same geographical market; (3) Who was using the mark first; and (4) Who registered the trademark first.

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Write a comment

hi everyone my name is Marcela Dominguez and if you are watching this video it is because you have asked yourself on more than one occasion what website do I go to or how do I go to when I need to protect my brand your brand can come in various forms such as a business name a tagline or a logo a slogan or a sound so if you have asked yourself where in the heck do I need to go to protect my brand then you are in the right place the USPTO wait a minute wait a minute the USPTO stands for United States Patent and Trademark Office and the United States Patent and Trademark Office is the website that you will use to file a trademark application a trademark what do you mean a trademark well a trademark is what will help protect your brand so as I said your brand can come in the form of a business name a slogan a tagline and even a sound but in order to protect any one of those four or all four of those you will need to go to the United States Patent and Trademark Office website uspto.gov is where you will find the application that you can fill out to inform the USPTO about your business your business address how you're using that brand or if you're not using your brand then then how you are when you are going to start using your brand so uspto.gov is your one-stop shop for filing your trademark application and for securing and protecting that name or that brand in a particular class so just because you go to the USPTO website and you file an application let's say for a beautiful logo that you really worked hard on it doesn't mean that no one else is going to be able to use that logo in any category you see whenever you file an application with the USPTO you are going to be forced to select an identification of goods and/or services what that means is you need to be able to tell the spc oh how you are going to use your mark or how you are currently using your mark so you can't tell the USPTO I want to file a business name for Nike and I don't want anybody in any category to be able to use it it doesn't work that way so when you file the application for the word or the business name Nike you have to select the identification of goods or services and in this case that identification would be for clothing clothing can be more specific such as pants skirts hoodies tees tank tops you catch my drift so what that means is that whenever you file that application no one will be able to use a similar name or the exact name in that category of goods or services of clothing now the USPTO offers three different types of applications the most expensive being two hundred and seventy-five dollars now there are a couple of differences which you will be able to read about at uspto.gov but I can tell you that one of the differences is that when you choose the most expensive application to file you will be able to input your class your identification of goods and services as opposed to selecting from a list with the two hundred and twenty-five dollar application now if you're somebody that is not quite sure of what you're going to be using in the future or you're simply not quite sure how to word it in an acceptable way for the United States Thailand trademark office then selecting from the list might be a good way for you to learn about what exactly a goods and services list looks like and what options are out there for you to choose from now if you go through an attorney more more likely than not the attorney will probably choose the two hundred and seventy five dollar application but that's because they know exactly how to input the identification and maybe there are you know customizable necessities that need to go into your application so the two hundred and seventy five dollar option is good for that now the United States Patent and Trademark Office website has lots of different reason since they also have some videos they have information that describes an intent to use application and actual use application they have a goods and services manual where you can look up the different identifications of goods and services so if you go on there in your spare time then you will be able to read up on exactly what is going to happen to your trademark application and what you should expect during the application process if you try calling the United States Patent and Trademark Office because you have questions then more likely than not they will tell you that they are not attorneys that can help you or give legal advice so that is where lawyers come in and help walk you through the process and help answer your questions to be honest that's the reason why I create informational videos like these I want to help you understand a little bit more about what you're getting into if you decide to file a trademark application and that is not always easy because let's be straightforward who wants to go through an entire website to learn about the process I certainly wouldn't want to luckily for you I have created so many videos on this trademark application process that you can watch in my channel so do me a favor and hit the red button below and subscribe to my channel so that you can be notified whenever I release new information my goal is always for you to learn more than you knew when you started watching this video so if you have questions about the United States Patent & Trademark Office and how it works or how this whole trademark thing applies to you and your specific situation then leave me a message in the comments below better yet leave me a thumbs up so I know that you appreciated the content of this video I'd be more than happy to accept your private messages through email which I will leave down below I look forward to helping you out in the future and if not then I hope that you continue to watch these videos and learn more than you knew when you started watching

Thanks for your comment Jerry Naugher, have a nice day.
- Mitchel Towlerton, Staff Member

Thanks for this interesting article

Thanks Jefferson your participation is very much appreciated
- Mitchel Towlerton

About the author

Mitchel Towlerton

I've studied structural sociology at George Washington University in Washington and I am an expert in sociology of disaster. I usually feel relaxed. My previous job was religious institution education coordinator I held this position for 26 years, I love talking about ballroom dancing and breakdancing. Huge fan of Tupac I practice table tennis and collect butterflies.