Trademark Registration

Service description

Trademark registration secures the exclusive right to use a name, logo or slogan to identify a business's goods or services. The provider searches existing marks for conflicts, files the application with the USPTO, and answers the examining attorney's objections until the mark is approved. A registered mark can be enforced against infringers nationwide.

Common industries

Applies to any business building a brand, across all industries.

ROI

Federal registration protects your brand equity and blocks competitors, avoiding a costly forced rebrand down the road.

Benefit

Search, clear, and register your brand name or logo with the USPTO to secure nationwide rights and guard against infringement.

Why get it

Rights in a brand name are weaker and narrower without registration. Choosing a name that conflicts with an existing mark can force a rebrand after the business has invested in it.

When you benefit

A one-time filing and examination process, followed by periodic filings to keep the registration alive (15 U.S.C. §1058).

What it costs

Flat fee per mark.

When you pay

Providers usually quote a flat fee for the search and filing, with an added fee if the examining attorney issues objections that need a response. Payment is typically due when the application is filed, since government fees are paid at submission.

Other costs

USPTO filing fees for each class of goods or services, and fees for any later maintenance filings.

Risks to know

A mark that is too similar to an existing one, or merely descriptive, can be refused under 15 U.S.C. §1052, wasting the filing. Missing the follow-up filings later can end the registration, and a conflict the search missed can still surface as an infringement claim under §1114.

When risks arise

A refusal can come soon after filing, when the examining attorney reviews the application. Maintenance deadlines arrive later, and an infringement claim can arise at any time once the brand is in use.

The process

The provider searches for conflicting marks, advises whether the mark is likely to register, and prepares the application. The business reviews and approves the filing before it is submitted to the USPTO. The provider then handles correspondence with the examining attorney until the mark is registered.

Your commitment

The business chooses the name or logo and says how it is used, or will be used, and for which goods or services. It should confirm which entity will own the mark and provide examples of the mark in use if it already is.

Documents to gather

• The exact name, or logo files, to be registered
• A description of the goods or services the mark will cover
• Dates of first use and examples of the mark in use
• The legal name and address of the owning entity

Helpful reading

• Trademark basics — U.S. Patent and Trademark Office
• trademark — Legal Information Institute, Cornell Law School (Wex)

Further research

• 15 U.S. Code § 1051 — Application for registration; verification
• 15 U.S. Code § 1052 — Trademarks registrable on principal register
• 15 U.S. Code § 1058 — Duration, affidavits and fees
• 15 U.S. Code § 1114 — Remedies; infringement
• 37 CFR Part 2 — Rules of practice in trademark cases
• 37 CFR § 11.14 — Individuals who may practice before the Office in trademark and other non-patent matters
• USPTO — Trademark Manual of Examining Procedure (TMEP)