Clear Answers on Trademark Registration & Brand Protection
Learn what a trademark is, why registration matters, how long filing takes, what ™ and ® mean, and what happens after you apply—written for business owners, not lawyers.
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What is a trademark?
A trademark is any word, name, symbol, logo, device, or combination used in commerce to show the source of goods or services and set them apart from competitors.
Why should I register my trademark?
Federal registration can help you pursue nationwide rights, place your claim on the public record, deter lookalike brands, and—once registered—use the ® symbol for covered goods or services. Registration is not automatic; the USPTO reviews every application.
What does trademark registration protect?
It can protect the brand identifiers listed in your registration for the goods or services covered by that filing. It does not automatically cover every business activity or every variation of your name or logo.
Do I need a trademark search?
A search is strongly recommended. Identifying similar marks early can help you avoid investing heavily in a brand that may face conflict, refusal, or costly rebranding later.
Can I trademark my business name?
Often yes—if the name is used (or intended to be used) in commerce to identify your goods or services and meets USPTO requirements. A company name alone is not always enough; how the mark is used matters.
Can I trademark my logo?
Yes. Logos and design marks can be filed for trademark protection when used to identify the source of goods or services. Word marks and design marks are often filed separately.
What is the difference between ™ and ®?
™ can be used to claim trademark rights while an application is pending, or even without a federal filing. ® may be used only after the USPTO issues a federal registration—and only for the goods or services covered by that registration.
Must my trademark already be in use before I file?
Not always. Marks already in use can be filed as use-based applications. Marks not yet in use can often be filed as intent-to-use applications, based on a bona fide intent to use the mark in commerce.
What is a use-based application?
A use-based USPTO filing rests on current commercial use. You typically provide owner details, the mark, the goods or services, first-use dates, and a specimen showing the mark in commerce.
What is an intent-to-use application?
This filing can reserve a mark for later use based on a bona fide intent to use it. After allowance, you generally must submit a Statement of Use (or request extensions) before the mark can register.
How long does the trademark process take?
Many federal applications take roughly 8–12 months from filing to registration because each one is examined by the USPTO. Timelines vary. Some steps—like locking in a filing date—happen earlier.
What happens after I submit my application?
The USPTO reviews the filing. You may receive status updates, requests for information, publication for opposition, or an Office Action if the examiner raises an issue. We help you understand those next steps as they arise.
What happens if there is an Office Action?
An Office Action is a written notice from the examiner. Many issues can be addressed with a timely, complete response. Thorough searching and careful preparation can reduce risk, but they do not eliminate it. We can help you review options if one arrives.
How much does trademark registration cost?
Expect a service fee for preparation and filing support, plus USPTO government fees that vary by filing basis and number of classes. Ask an Account Manager for current package pricing. Government fees and outcomes are separate from our service fee; approval is not guaranteed.
What information do I need to provide?
Typically: the mark (name and/or logo), owner details, the goods or services, how the mark is used or will be used, and—for use-based filings—dates of first use and a specimen. An Account Manager can walk you through exactly what your filing needs.
When am I allowed to use the federal ® symbol?
Only after USPTO registration issues—and only in connection with the goods or services listed in that federal registration.
How long does trademark registration remain valid?
You generally must maintain the registration between years five and six, again between years nine and ten, and then every ten years after that. Missing maintenance deadlines can cancel a registration.
Does a U.S. registration protect my mark internationally?
No. A U.S. registration covers the United States. Eligible owners can pursue protection abroad through options such as the Madrid Protocol or country-by-country filings.
Why work with The Trademark Company?
Since 2003 we have helped entrepreneurs prepare and file trademark applications with flat service fees, dedicated Account Managers, and related services like monitoring, renewals, and Office Action support. We are not a law firm and do not provide legal advice.
Still have questions?
Call (877) 450-2466 or send a note through our Contact page. An Account Manager can help you understand which service fits your situation.