A trademark can be many things — even sounds or smells. By definition, a trademark is a word, phrase, symbol or design, or combination of words, phrases, symbols or designs, which identify and distinguishes the source of the goods or services of one party from those of others.
It is obviously important to consider whether a trademark that you plan to use is already registered or is in use on the Internet. It is equally obvious that you would likely want to secure rights to a corresponding domain name before you invest time or money in the use of a candidate trademark.
Trademark Basics Video
Benefits of Federal Trademark Registration
- Public notice of your claim of ownership of the mark, so if an individual or attorney searches the US Trademark database, your trademark registration will appear;
- A legal presumption of your ownership of the mark and your exclusive right to use the mark nationwide on or in connection with the goods/services listed in your registration;
- The ability to enforce your trademark rights against an infringer in federal court;
- The use of the US trademark registration as a basis to obtain registration in foreign countries, including the limited right to claim the priority date of the US application;
- The ability to record the US trademark registration with US Customs and Border Protection (CBP) Service to prevent importation of foreign goods;
- The right to use the federal registration symbol ®; and
- Listing in the US Patent and Trademark Office online databases.
Determining Trademark Registrability
You can conduct a free preliminary trademark search at the US Patent and Trademark Office here. If the results of the preliminary search are favorable, you should still consider having a full search conducted at the US Patent and Trademark Office so that the results are based upon a complete data set and are current.
Once you have determined that a mark is not in use on the Internet and the corresponding domain name is available, you should have a trademark registrability search conducted at the United States Patent and Trademark Office. The registrability search will provide you with current information about existing trademark registrations and applications for trademark registration. It is usually not enough to rely upon the records available on the Internet as they are not as current as the public records available at the United States Patent and Trademark Office.
The legal fee, including the government filing cost for preparing and filing a trademark application for a single class of goods or services is $770.00 if filed online. This includes reporting by email with a full pdf filing report and docketing the application for reminders.
We have prepared and filed hundreds of trademark applications, both in the US and internationally. We can help you to avoid mistakes and we will make the process smooth for you. There is much information regarding trademark applications on the Internet and because forms are available to file your own application, the process can appear deceptively simple. We have seen many situations where unintended mistakes have been costly to correct and they can cost the precious priority date of a trademark. We will be pleased to review, prepare, file, docket and report on your new trademark application. We provide personal, professional service for each of our clients.