Trademark Registration: Benefits, Process, and Requirements

Trademark registration FAQs

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

You automatically get "common law" trademark protection just by using your business name or logo in commerce, but this only covers the specific area where you actually do business. Federal registration through the USPTO provides nationwide protection, legal proof of ownership, and ultimately makes it much easier to stop infringement.

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.