Why Trademark

Most brands, logos, slogans and business names have been registered as trademarks with the USPTO. A registered mark gives you a protection of ownership and a right to use the trademark / name nationwide. Having a registered trademark allows you to protect the mark from use by others as well as additional remedies and protection in court.

What is a trademark?

A trademark generally is your brand or business name. A trademark is meant to represent the brand, logo or service and its association with a particular goods or services used by consumers in commerce. An example of a well-known trademark is “Nike” or “Windows.” A trademark can be a word, phrase or logo.

What are the benefits of a trademark?

There are many benefits in obtaining a trademark for your brand, business name, logo or slogan. Registering your trademark protects your brand name, adds value to your business and can deter competition. The act of registering a trademark provides constructive notice of your ownership to potential competitors and may also protect your brand or business in the event of a lawsuit.

Registering a trademark generally will increase the value of your business. If you are looking to sell your business, a registered trademark or brand protection sometimes increases sale price. Having a registered trademark helps increase trust and legitimacy to your brand or business.

What can you trademark?

  • What can you trademark

    • A name of a product such as Apple or Windows

    • A logo or design

    • Slogans, business names, games, product names

  • What you can’t trademark

    • Inventions

    • Processes

    • Formulas

    • Creative works that fall under copyright

Why run a Trademark search for similar marks?

Best practice before spending money filing an application is to run a basic search to discover if your mark is registered or in use by someone else. A search will help avoid obvious duplications of pre-existing marks.

The USPTO will deny a trademark application if they feel a preexisting mark is confusingly similar to your pending application. A comprehensive trademark search uses a multitude of query strings to search the United States Trademark and Patent Office (USPTO) and the internet for company names, pre-existing trademarks, websites and other databases for similar terms. A comprehensive search is meant to identify trademarks that may not be identical, but can potentially block your trademark application.

At Make Your Trademark, a license attorney who specializes in trademarks and copyrights can help you perform your search as well as guide you through the results. Interpreting the results can be tricky and can predict the likelihood of your trademark application being successful.

A Quick Search uses query strings to search the USPTO for similar or identical pre-existing trademarks. A Quick Search is meant to search the USPTO for identical marks that are registered for similar goods and services with the USPTO.

Neither a comprehensive search nor a quick search guarantees a successful mark application, but a search can rule out obvious existing marks.  Running searches with the USPTO does not guarantee success of a trademark application with the USPTO. A registration could be subject to a challenge by an owner of earlier use of the mark or a confusingly similar mark.

At Make Your Trademark, most packages include a free, 15-minute quick search. We also offer comprehensive searches that will include a wider search on the federal, state and common law level.  If the USPTO rejects your application, the fees to the USPTO and Make Your Trademark, LLC are not refundable.

What comes with a Comprehensive Search?

Our Comprehensive Trademark Searches include a detailed document outlining our queries used to search the USPTO and a detailed summary of the confusingly similar marks and identical marks discovered during the search process. It further includes a search of domain names and common search engine search results for potential conflicting common law trademarks. Our Comprehensive Search is focused on potential US conflicting trademarks.

The comprehensive report may be 3-10 pages long depending on the complexity of the mark at hand.

What comes with a 15 minute free quick search?

A quick search includes a one-page report of similar and potentially confusing marks found while searching the USPTO database.

Any type of search does not guarantee all conflicting marks will be discovered and does not guarantee registration of your trademark application.

Trademark Application Preparation

Our flat fee trademark registration includes preparation of your trademark application with the USPTO. All trademark applications are done through the online USPTO Trademark Filing Application System (TEAS).  

An Application generally takes 8-12 months from the date of filing to acceptance and registration by the USPTO, if it is approved.

The following fields are required to complete a Trademark Application:

  • Owner Name and Address

  • Exact Trademark to be Registered

  • Description of Goods and Services

Preparing which goods and services to include in your application can be challenging and is the most important aspect of your trademark application. Be sure to only include goods or services you plan to offer or currently offer now. The USPTO has language requirements when selecting your goods and services. Our team will work with you to assist with drafting the broadest goods and services for your mark protection.

Filing Basis

Intent to Use (1b)- A 1(b) intent to use application is an application for a mark you would like to reserve use of with the USPTO. With this application you can submit an application for a mark prior to it being in use, which prohibits others from filing a similar mark later on.

Actual Use (1a)- A 1(A) In-Use application, is an application for a mark that is currently being used and offered in the marketplace at the time the application is submitted.

Signature of the Applicant