Trademark FAQs
Frequently Asked Questions about Trademarks
Get answers about trademark rights, registration, fees, symbols, timing, and maintenance. Start with the question below that matches your situation.
For more detail, visit our trademark cost guide, application-process guide, or trademark-versus-copyright comparison. Need help applying? See our trademark registration services.
What is a trademark?
A trademark identifies and distinguishes the source of goods or services. It can be a word, name, logo, slogan, or another qualifying source identifier. A mark identifying services is also called a service mark.
Trademark rights can arise through use in commerce without federal registration. Registration may add important legal benefits; it does not create a right to use any mark regardless of earlier rights. Learn what a trademark protects.
How much does it cost to get a trademark?
For electronic applications under Trademark Act Sections 1 or 44, the USPTO base application fee is $350 per class. Additional fees may apply, including surcharges for certain incomplete information or free-form goods/services descriptions. Intent-to-use applications may also require later use filings and extension fees.
Attorney fees are separate and depend on the agreed scope. See our trademark cost guide and current USPTO trademark fees. We offer the published 25% veteran discount on qualifying professional fees, not USPTO fees.
What is the difference between a trademark and a copyright?
Trademarks identify the source of goods or services; copyright protects qualifying original expression, such as artwork, writing, photographs, and software. A sufficiently original logo may receive both kinds of protection. Names and short slogans generally are not protected by copyright.
Trademark rights can arise through use, while copyright generally arises when an original work is fixed. Registration and enforcement requirements differ. See our trademark-versus-copyright comparison.
What is the difference between a trademark and a service mark?
A trademark identifies the source of goods; a service mark identifies the source of services. The term trademark is often used to include both. The same federal registration process and maintenance framework apply to both categories. A business offering goods and services may use its mark in both ways. Compare trademarks and service marks.
How long does it take to get a trademark?
Registration time varies with USPTO workloads, filing basis, refusals, amendments, and opposition proceedings. Review the current USPTO process guidance rather than relying on a fixed completion date.
For Principal Register applications approved for publication, the initial opposition period is 30 days, with extensions available to eligible opponents. A use-based application may then proceed to registration; an intent-to-use application ordinarily receives a Notice of Allowance and must satisfy use requirements before registration.
What is the difference between the trademark symbol (™), the service mark symbol (℠), and the ® symbol?
TM indicates a trademark claim for goods, and SM indicates a service-mark claim. You may use these symbols before filing an application; they do not depend on federal registration. Rights depend on the facts and law, not merely on displaying a symbol.
The ® symbol indicates federal registration and should be used only after registration, with the goods or services covered by that registration. A pending application or Notice of Allowance is not registration.
What are the restrictions of the “®” symbol?
Use ® only after the mark is federally registered, and only for the goods or services covered by that registration. This applies to registrations on either the Principal or Supplemental Register. TM or SM may be used before filing. Registration is not a government endorsement of a product or service. See USPTO guidance on trademark symbols.
How long does a trademark last?
Trademark rights can potentially continue indefinitely if the mark remains protectable and the applicable requirements are met. Federal registration must also be maintained. For most domestic federal registrations, file a Section 8 declaration between the fifth and sixth years after registration, then a combined Sections 8 and 9 filing between the ninth and tenth years, and every ten years thereafter. Continued use or qualifying excusable nonuse and timely filings are essential. Madrid-based registrations have separate U.S. Section 71 and international-renewal requirements.
Stopping use does not automatically make a mark available to someone else. Abandonment depends on the circumstances, including intent to resume use, and other parties may still have rights. See USPTO maintenance requirements.
Is the ownership of a trademark transferable?
Trademark ownership may be transferred through an assignment with the associated goodwill. The document should identify the parties, mark, relevant applications or registrations, and the rights and goodwill transferred. Recordation with the USPTO helps keep ownership records current.
Special restrictions can apply to assignments of intent-to-use applications before an acceptable allegation of use. Obtain legal advice about the particular transaction rather than assuming every pending application can be freely transferred.
Can a minor file a trademark application?
Federal trademark practice does not impose a single minimum age for every applicant, but a minor must have the legal capacity to own and apply for the mark under applicable law. State contract and capacity rules, signature authority, and any need for a guardian require individual review. Contact a qualified attorney before filing in a minor’s name.