A trademark is one of the most important business assets
you'll ever own. It distinguishes your company and its products
in the marketplace.
+ U.S. government filing feesSee details
Chris Schutte, LegalZoom customer
"The Hot Dog EZ Bun Steamer"
(US Reg. #3620322)
|Complete our simple
|We conduct a trademark search
and complete the application
|We electronically file your
with the USPTO
I couldn't believe how easy and hassle-free it was to fill out my trademark application.
Anita M., Astoria, NY
Many people assume they can protect their trademark simply by using the mark in commerce. It is true that you are not required to register a trademark to achieve some level of protection and that one may establish common law rights simply by using a mark in commerce.
However, having a federally registered trademark provides several advantages:
Federal registration also allows you to use the ® (the circle-R) symbol. Any time you claim rights in a trademark, you may use the ™ (trademark) or ℠ (service mark) symbol to alert the public to your claim, regardless of whether you have filed an application with the USPTO. However, you can only use the federal registration symbol ® after the USPTO has actually registered the trademark. Following federal registration, you can use the ® symbol on or in connection with the goods and/or services listed in the registration and claim all the benefits of federal protection.
A service mark is simply a type of trademark. In fact, the words "trademark" and "mark" often refer to both trademarks and service marks. Trademarks help the government and consumers distinguish the products ("goods") of one source from those of another. A service mark helps the government and consumers distinguish service providers from one another.
Common law service marks are accompanied by ℠ as opposed to the ™ of common law trademarks (although many service providers use a ™ instead). Both products and services with federally registered trademarks can use the ® symbol.
It is hard to predict how long it will take for a federal application to mature into a registration, since many factors can affect the process. Generally, an applicant will receive a filing receipt almost instantly after filing. In addition, you should receive an initial response from the U.S. Patent and Trademark Office (USPTO) within approximately three months of filing the application.
However, the total application processing time may be anywhere from 6 months to a year, or even longer. Most applications are processed completely in slightly less than one year. Overall processing time depends on your basis for filing and any issues that may arise in the examination process.
Current status of trademark applications and registrations can be obtained by accessing the USPTO database online at tarr.uspto.gov. To check on average processing times, please visit www.uspto.gov/dashboards/trademarks.
Questions? Call (800) 773-0888
9 out of 10 customers
would recommend us
to friends and family.
No hourly fees.
Our documents have been
accepted by courts and government
agencies in all 50 states.
*Available in most states. After the 30-day trial period, benefits to the Business Legal Plan (also Business Advantage Pro) continue automatically for $29.99 per month. For states where Business Advantage Pro is not available, benefits to Business Advantage Standard continue automatically for $7.99. You can cancel by calling (877) 818-8787. For full details, see the Legal Plan Contract and Advantage Terms of Service.
View Site Directory© LegalZoom.com, Inc. All rights reserved.
Chris Schutte used LegalZoom.com for creating and filing legal documents and has been featured in LegalZoom television commercials.