What you can and can't trademark

Frequently asked questions

1. I found a trademark similar to mine. Can I still register it?

   Oftentimes no, because it could create confusion.

   But if the other mark is used for different products or services, it might be possible because consumers may not be confused about who sells what.

   Take the Delta trademark. Delta Dental, Delta Air Lines, and Delta Faucet Company coexist because the products are different enough to prevent consumer confusion.

2. Do I need to register my business name and logo separately?

   Yes.

   The USPTO allows one trademark—that's one name, one logo, or one slogan—per application.

   You can register a logo that includes text, but then the design and the text together are considered one trademark. Want them protected individually? You'd need to file two applications.

3. How many trademark classes do I need to register in?

   It depends on what you sell.

   The USPTO puts all products and services into 45 classes. Own a restaurant? You provide a service in class 43 (food services). Also sell cookbooks and teach cooking at the restaurant? You may want to register in class 16 (paper goods) and class 41 (education and entertainment services) too.

   Usually, your trademark protection is limited to the classes listed in your application.

4. How long will it take to register my trademark?

   Ideally, six to nine months if you're using your mark in commerce.

   The USPTO will review your application within a few months, and then either send an Office action with questions or concerns, or approve your trademark for publication. If published and there are no objections by the public within 30 days, your mark is officially registered.

   If you're not yet using your mark in commerce, it can take longer. After making it through the previous steps, the USPTO will grant a Notice of Allowance—which says they'll register your mark once you provide proof of use in commerce through a Statement of Use. Once that's submitted and approved, your mark is officially registered.

5. Is there a chance my trademark could get rejected?

   Yes.

   The USPTOs examining attorney might reject your mark if there's a chance consumers could confuse it with another trademark (i.e. if your mark sounds like or looks like another mark in a similar industry).