Trademark Questions, Answered

A trademark is any word, name, symbol, logo, slogan, or combination thereof that identifies the source of goods or services and distinguishes them from those of others. Trademarks can be brand names, product names, logos, taglines, and even distinctive colors or sounds in some cases.

™ (or ℠ for services) is an informal claim of trademark rights — anyone can use it at any time without a registration. ® may only be used on a federally registered trademark. Using ® on an unregistered mark is a federal violation.

You're not required to register, but registration provides significant benefits: nationwide priority, legal presumption of ownership, the right to sue in federal court, and the ability to use the ® symbol. Without registration, your rights are limited to the geographic area where you actually do business.

A business name (or 'doing business as' name) is registered with your state for business formation purposes. It doesn't give you trademark rights. Trademark registration is a separate process with the USPTO that gives you exclusive rights to use a mark on specific goods or services nationwide.

It depends. Common or descriptive words are difficult to register unless they've acquired distinctiveness through long use (secondary meaning). However, even common words can be trademarked for unrelated products — 'Apple' for computers, for example. The key is whether your mark distinguishes your goods or services in a meaningful way.

The USPTO generally issues the first substantive review in about 8–16 months from filing. Total time to registration can be longer if the application receives office actions, opposition, or post-allowance filings.

A trademark search examines the USPTO database (and common law sources) for existing marks that are identical or confusingly similar to yours. A USPTO Quick Search is strongly recommended before filing — discovering a conflict after you've invested in branding, marketing, and products is far more costly than finding it early.

A use-based (Section 1(a)) application is filed when you're already using your mark in commerce. An Intent-to-Use (ITU/Section 1(b)) application is filed when you have a bona fide intention to use the mark but haven't yet. ITU applications let you lock in an early priority date before launch — you'll need to file a Statement of Use once you begin commercial use.

A specimen shows the USPTO how your mark is actually used in commerce. For goods, acceptable specimens include product labels, packaging, hang tags, or website screenshots showing the mark with a means to purchase. For services, acceptable specimens include website screenshots showing the mark in connection with the described services, brochures, or advertisements. Mock-ups and mere advertisements for goods are not acceptable.

The USPTO divides goods and services into 45 international classes. You must identify and file in the specific class(es) that cover your goods or services. Filing fees are assessed per class. Choosing the right class(es) is one of the most consequential decisions in the filing process — an incorrect or overly narrow class can leave gaps in your protection.

The USPTO assigns your application to an examining attorney and typically conducts first review in about 8–16 months. If there are no issues, your mark is published in the Official Gazette for a 30-day opposition period. If no one opposes, the mark is registered (for use-based applications) or a Notice of Allowance is issued (for ITU applications).

An office action is a formal letter from the USPTO examining attorney identifying issues with your application — such as a likelihood of confusion with an existing mark, a merely descriptive refusal, or problems with your specimen or identification of goods/services. You typically have 3 months to respond (extendable up to 6 months for a fee).

This is the most common substantive refusal. It means the examining attorney believes your mark is too similar to an already-registered mark for related goods or services. You must respond with arguments explaining why confusion is unlikely — analyzing the similarities and differences between the marks, the relatedness of the goods/services, and other relevant factors. An attorney-drafted response significantly improves outcomes.

Many office actions can be successfully overcome with a well-crafted response. Procedural issues (specimen problems, identification issues) are often straightforward to fix. Substantive refusals like likelihood of confusion require more strategic argument but are frequently resolved in the applicant's favor with proper legal analysis.

If you fail to respond within the statutory deadline (3 months, extendable to 6 months), your application is considered abandoned. You may be able to petition for revival in limited circumstances, but it's uncertain and expensive. Missing the deadline is one of the most avoidable and costly mistakes in the trademark process.

Our flat attorney service fee is $500. The USPTO government filing fee is $350 per class, paid directly to the US government and separate from our fee. Both fees are due upfront before filing. Additional USPTO fees (office action extensions, Statement of Use filings, etc.) are charged separately at cost. See our pricing page for a full breakdown.

Yes. A trademark registration requires maintenance filings at years 5–6 and every 10 years thereafter. Each filing requires payment of a USPTO fee plus a specimen showing continued use. We offer flat-fee maintenance filing services — see our additional services pricing page.

USPTO fees are government fees paid directly to the U.S. Patent and Trademark Office. The USPTO filing fee ($350 per class) is separate from our attorney service fee — it is not included in our fee. Both our service fee and the USPTO filing fee are due upfront before filing. Additional USPTO fees that may arise (office action extension fees, Statement of Use fees, etc.) are charged separately at cost — we never mark them up.

Please contact us to discuss your specific situation. We're happy to talk through payment options for our services.

A trademark registration can last indefinitely, as long as you continue to use the mark in commerce and file the required maintenance documents. Without proper maintenance, the registration will be cancelled.

Between years 5 and 6: a Section 8 Declaration of Continued Use (required) and optionally a Section 15 Declaration of Incontestability. Between years 9 and 10, and every 10 years after: a combined Section 8 & 9 Renewal. Each requires a specimen and USPTO fees.

After 5 years of continuous use following registration, you can file a Section 15 Declaration of Incontestability. This creates a legal presumption that makes your mark much harder to challenge on grounds like mere descriptiveness. Incontestable status significantly strengthens your trademark rights.

Federal registration gives you enforcement tools, but enforcement is your responsibility — the USPTO doesn't automatically police infringement. If you discover infringement, enforcement options include a cease and desist letter, TTAB cancellation proceedings, and federal litigation. A registered mark provides the strongest legal foundation for each of these.

Felicia Altman, Esq., a licensed trademark attorney and founder of Make Your Trademark, PLLC, handles all filings personally. You work directly with a licensed attorney from start to finish — not a paralegal, not a document preparation service.

We serve clients nationwide. Federal trademark applications are filed with the USPTO, which has jurisdiction in all 50 states, regardless of where you or your business are located.

Online filing services are document preparation platforms — they fill in forms based on your answers but do not provide legal advice, conduct a USPTO Quick Search, review your application strategically, or represent you if issues arise. We provide full attorney representation: a USPTO Quick Search, strategic advice on mark selection and class identification, preparation and filing, and follow-through on office actions.

Book a consultation through our contact page or directly through Calendly. We'll review your mark, discuss your business, and explain exactly what the process involves — with no pressure and no obligation.