Registering a Trademark

Q: what's the difference between having a trademark and registering one?

you automatically get some trademark protection just by using your business name or logo in commerce, but this protection is limited. you have “common law rights,” which only cover the specific area where you actually do business. when you register your trademark with the federal government through the uspto, you get nationwide protection. a registered trademark gives you legal proof of ownership and ultimately makes it much easier to stop others from infringing on your brand.

Q: when can i use the ® symbol versus the ™ symbol?

you can use the ® symbol once your trademark is officially registered with the federal government and you receive your registration certificate. the ™ symbol (for products) and ℠ symbol (for services) can be used right away, even before you apply for registration. trademark symbols tell people you're claiming trademark rights, but they don't provide the same legal protection as the ® symbol. you can put these symbols anywhere near your trademark—as a superscript, in parentheses, or however looks best with your design.

Q: how long does a trademark registration last and what do i need to do to keep it?

your federal trademark registration lasts for 10 years, and you can renew it forever as long as you're still using the trademark in your business. between years 5 and 6 after registration, you must file a section 8 declaration that proves you're still using your trademark. between years 9 and 10, you need to file for renewal (called section 9) and can combine it with another section 8 filing. if you miss these maintenance deadlines, you lose your trademark registration permanently. many businesses set up calendar reminders or hire lawyers to track these dates because missing them means losing all the benefits of federal registration.

Q: should i register my trademark with my state instead of the federal government?

state trademark registration typically makes sense if your business will never operate outside your state's borders, including online sales. state registration is cheaper and faster, but it only protects you within that one state. if you sell anything online, plan to expand to other states, or want the strongest possible protection for your brand, you might consider federal registration.

Q: what happens if someone copies my trademark after i register it?

federal trademark registration gives you the right to stop copycats. if they don’t respond to a cease and desist letter or refuse to cooperate, you can take them to federal court, where a judge can order them to stop infringing on your trademark immediately. you can also demand that they pay for any damages they caused to your business, which can even include attorney fees. if someone is importing fake products with your trademark, you can work with the national intellectual property rights coordination center to have those products seized and destroyed before they even enter the country.

Q: how do i get started with registering my trademark?

before you apply, it's smart to do a trademark search to make sure no one else is already using a similar trademark for similar products or services, since this could cause your application to be rejected.then, you can start the trademark registration process by visiting the uspto trademark center website, which is the official government site for trademark applications. however, the process involves many technical legal requirements and documents that can be confusing. because of these difficulties, many people choose to work with a professional like legalzoom’s attorney-led trademark registration service to get help.

Advantages of registering a trademark

Trademark registration has several important advantages:

Registration notifies the public that you claim ownership of the mark. This will help discourage others from using it.
Registration creates a legal presumption that you own the mark and have the right to use it nationwide for the goods and services listed in your trademark application. This can be important if you ever need to sue someone to enforce your trademark rights.
Registered trademark owners can file a lawsuit in federal court to enforce their trademarks.
A U.S. registration can be used as a basis for obtaining a trademark registration in another country.
You can record a trademark registration with the U.S. Customs and Border Protection Service to prevent infringing goods from being imported.

You can get started with the trademark registration process by visiting the USPTO Trademark Center or reaching out to an attorney or trademark registration service.

Using the symbols ™, ℠, and ®

The symbol ™ notifies the public that you claim a trademark in whatever you have marked with the symbol. Anybody who claims they own a trademark can use the ™ symbol—you do not need to register the trademark with the USPTO. Similarly, if you claim that you own a service mark, you can use the symbol ℠. You can use these symbols even if the USPTO refuses your application to register your mark.

The circle-R symbol ® signifies a registered trademark.

You cannot use the registered trademark symbol until the USPTO has approved your application and issued you a registration certificate.
You can only use the symbol in connection with the goods or services identified in your trademark application.
You must keep your registration active to continue to use the registered trademark symbol. You cannot use the symbol if your registration expires or you do not maintain it.

There are no rules about where you must place the ™, ℠, or ® symbols, but most companies place them in the upper right corner of the mark.

How long does a trademark registration last?

Trademark registrations last for 10 years and are renewable for additional 10-year periods, but you must file maintenance documents with the USPTO to keep the registration alive. If you do not file the required documents on time, your trademark registration will be permanently canceled.

Between the fifth and sixth year after registration, you must file a Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 8, as well as a specimen and fee.
Between the ninth and tenth year after registration and every 10 years after that, you must file a Declaration of Use and/or Excusable Nonuse/ Application for Renewal Under Sections 8 and 9

The USPTO website has additional information about trademark renewals and declarations of use.

State trademark registration

In addition to federal trademark registration, you can register your trademark with the state where your business is located. State trademark registration can help protect your trademark within that state and is useful when your goods or services are only offered in that state.

While state trademark registration is cheaper and quicker to obtain, it does not have the nationwide scope of federal registration and a federal trademark may supersede your state trademark.

Trademark registration FAQs

What's the difference between having a trademark and registering one?

You automatically get some trademark protection just by using your business name or logo in commerce, but this protection is limited. You have “common law rights,” which only cover the specific area where you actually do business. When you register your trademark with the federal government through the USPTO, you get nationwide protection. A registered trademark gives you legal proof of ownership and ultimately makes it much easier to stop others from infringing on your brand.

When can I use the ® symbol versus the ™ symbol?

You can use the ® symbol once your trademark is officially registered with the federal government and you receive your registration certificate. The ™ symbol (for products) and ℠ symbol (for services) can be used right away, even before you apply for registration. Trademark symbols tell people you're claiming trademark rights, but they don't provide the same legal protection as the ® symbol. You can put these symbols anywhere near your trademark—as a superscript, in parentheses, or however looks best with your design.

How long does a trademark registration last and what do I need to do to keep it?

Your federal trademark registration lasts for 10 years, and you can renew it forever as long as you're still using the trademark in your business. Between years 5 and 6 after registration, you must file a Section 8 Declaration that proves you're still using your trademark. Between years 9 and 10, you need to file for renewal (called Section 9) and can combine it with another Section 8 filing. If you miss these maintenance deadlines, you lose your trademark registration permanently. Many businesses set up calendar reminders or hire lawyers to track these dates because missing them means losing all the benefits of federal registration.

Should I register my trademark with my state instead of the federal government?

State trademark registration typically makes sense if your business will never operate outside your state's borders, including online sales. State registration is cheaper and faster, but it only protects you within that one state. If you sell anything online, plan to expand to other states, or want the strongest possible protection for your brand, you might consider federal registration.

What happens if someone copies my trademark after I register it?

Federal trademark registration gives you the right to stop copycats. If they don’t respond to a cease and desist letter or refuse to cooperate, you can take them to federal court, where a judge can order them to stop infringing on your trademark immediately. You can also demand that they pay for any damages they caused to your business, which can even include attorney fees. If someone is importing fake products with your trademark, you can work with the National Intellectual Property Rights Coordination Center to have those products seized and destroyed before they even enter the country.

How do I get started with registering my trademark?

Before you apply, it's smart to do a trademark search to make sure no one else is already using a similar trademark for similar products or services, since this could cause your application to be rejected.

Then, you can start the trademark registration process by visiting the USPTO Trademark Center website, which is the official government site for trademark applications. However, the process involves many technical legal requirements and documents that can be confusing. Because of these difficulties, many people choose to work with a professional like LegalZoom’s attorney-led trademark registration service to get help.

Register your business

Run your business

Protect your business

Estate plans

Family

Real estate

Services