Trademark Symbol FAQ

What is a trademark?

A trademark is a type of intellectual property typically in the form of a recognizable name, symbol, logo, slogan, word, phrase, or any distinctive sight, smell, or sound that is used in connection with a good or service. These are called “marks.” Once a mark is officially registered with the United States Patent and Trademark Office (USPTO), it gains legal recognition as a trademark or service mark in the U.S. Examples of trademark symbols include ® and ™.

Trademarks are used to recognize a company’s ownership of its brand and legally distinguish the brand from its competitors. Check out our article on recognized trademarks to learn more.

How much does it cost to get a trademark?

The cost of trademark registration depends on factors like the number and type of marks and the classes of use. On average, filing fees for a trademark registration application range from $250 to $350 per class per application, excluding attorney fees. Learn more about trademark application costs and attorney fees in our article on costs to trademark, linked to the right.

When seeking trademark protection, be cautious of scammers posing as attorneys or government agencies. Explore our trademark scam warning page to learn how to identify and avoid trademark scams.

At Carson Patents, we offer a 25% discount on trademark registration attorney fees for veterans, active duty personnel, and their families. Learn more about our exclusive veteran discount.

What is the difference between a trademark and a copyright?

Both trademarks and copyrights are types of intellectual property, but they offer different forms of protection. Trademarks (and service marks) protect the identification of the source of goods (and services) such as a name, logo, or slogan. On the other hand, copyrights protect original works. Trademarks and copyrights are registered differently: trademarks are registered with the USPTO (United States Patent and Trademark Office), while copyrights are registered with the U.S. Copyright Office. Trademarks are indicated by trademark symbols like ® and ™, while copyrights are indicated by ©, the copyright symbol.

A registered trademark remains active indefinitely as long as it is renewed. Copyright protection duration varies, but for works created after January 1, 1978, it generally lasts for the life of the author plus an additional 70 years. For works first published before 1978, determining the duration of copyright protection is more complex. Unlike trademarks, there is no need to renew a copyright registration. Visit our trademark registration and copyrighting pages to learn more.

What is the difference between a trademark and service mark?

Trademarks and service marks are closely related and can be easily confused. The only distinction between a trademark and service mark lies in what they represent.

A trademark protects a word, slogan (phrase), symbol, or logo that distinguishes a product. Examples include the names of iconic brands like Nike, Apple, Google, and Amazon, all of which offer tangible products that consumers can use. On the other hand, a service mark protects a word, slogan (phrase), symbol, or logo that distinguishes a service. Service marks are often in the form of slogans, phrases, or tunes. Examples of service marks include Delta, Geek Squad, and the lion’s roar of MGM. Many of the companies in these examples use both trademarks and service marks as they provide both goods and services.

How long does it take to get a trademark?

The typical timeline to complete a trademark registration application is approximately 12 to 18 months. The USPTO reviews the application in about 4 to 6 months. Responding to USPTO office actions can take up to 6 months. If there are no issues with the application and it doesn’t require office action responses, this time can be subtracted from the total timeline. The public objection period in the Official Gazette lasts 3 months before the USPTO issues a notice of allowance and the certificate of registration, which usually takes about 2 to 3 months.

What is the difference between the trademark symbol (™), the service mark symbol (℠), and the ® symbol?

The difference between the trademark symbol (™) and the service mark symbol (℠) depends on their usage. The trademark symbol (™) is used to indicate that a name, symbol, logo, slogan, or other mark is being claimed as a trademark, specifically for goods (products). The service mark symbol (℠) is similar to the trademark symbol, but it is specifically used for marks associated with services rather than goods. It is not mandatory for businesses to use ™ and ℠ during the trademark application process.

The difference between the trademark symbol (™) or service mark symbol (℠) and the R-in-a-circle symbol (®) has to do with registration. The ™ and ℠ symbols are used when a trademark application for a word, slogan (phrase), symbol, or logo identifying a product or service has been filed but not yet accepted. On the other hand, the ® symbol is used once a trademark or service mark has been officially accepted by the USPTO.

Using ™ or ℠ will not provide any legal protection as the trademark application has not yet been officially approved. The ® symbol can be used after the trademark application for a word, slogan (phrase), symbol, or logo that identifies a product or service is accepted. While businesses are permitted to use ® after a trademark is granted, it is not mandatory to use the symbol for legal protection in cases of infringement.

What are the restrictions of the “®” symbol?

The ® symbol is reserved for registered trademarks and service marks. A business can begin using the ™ or ℠ symbols during the trademark application process after filing with the USPTO. However, a business cannot begin using the ® symbol until their trademark application is accepted and a trademark is officially granted. The ® symbol signifies a trusted product or service to consumers and a protected product or service to competitors. It serves as a deterrent for competitors seeking to capitalize on a known and trusted brand.

How long does a trademark last?

The longevity of a trademark depends on the owner of the trademark and the associated business. A granted trademark remains valid through continuous use in commerce and periodic renewals, as determined by the USPTO.

Trademarks are meant to protect the use of a word, slogan (phrase), symbol, or logo to identify a product or service. If a trademark is no longer used in commerce, it becomes available for another business to use. If a trademark owner stops using a trademark and later wants to keep it, they must provide proof of use in commerce.

Maintenance is important for enforcing the legal rights of this kind of intellectual property. Trademark maintenance documents must be filed to the USPTO periodically to keep a trademark registration alive. For registrations not based on the Madrid Protocol, documents must be submitted between the 5th and 6th years after registration, between the 9th and 10th years after registration, and every 10 years after that. For registrations based on the Madrid Protocol, documents must be submitted at the same intervals and, additionally, every 10 years after the international registration date.

Is the ownership of a trademark transferrable?

The ownership of a trademark or service mark is transferable. The process of transferring trademark ownership begins with a trademark assignment document. This is a document signed by the original owner, referred to as the “assignor,” to transfer ownership of the trademark to the new owner, known as the “assignee.” The original owner must sign the trademark assignment document. It is not mandatory, but preferred, for the new owner to sign the trademark assignment document as well.

Multiple trademarks may be transferred through a single trademark assignment. The trademark assignment must include the name and address of the original owner and new owner, all specific details regarding the trademark, the effective date of transfer, and the goodwill of a trademark. The goodwill of a trademark involves the positive associations that the trademark publicly generates for consumers. The trademark assignment must specifically transfer the trademark’s goodwill.

Can a minor file a trademark application?

There are no age restrictions to file a trademark registration application in the United States. State laws may vary. However, issues may arise when a minor becomes a trademark owner. In cases of infringement, a minor may need a guardian to initiate legal action against the infringer since a minor cannot be a plaintiff in federal court. Without a guardian available to sue, protection of the trademark cannot be enforced in court. In addition, most state laws require a guardian to oversee all business proceedings involving the trademark.

Expert Trademark Attorney Help Available Online

We’ve answered ten of our most frequently asked questions about trademarks, such as “what is the difference between the trademark symbol, the service mark symbol, and the R-in-a-circle symbol?” If you have any remaining questions about trademarks and the trademark registration process, please don’t hesitate to contact us for more information.

At Carson Patents, we are dedicated to offering expert assistance for all your trademark and service mark needs. We offer comprehensive trademark registration services, including the mark use search, application writing and filing, and responding to office actions from the USPTO. We also offer trademark maintenance services, such as monitoring the market for unauthorized uses and infringements of your mark. We can advise you on licensing opportunities and other ways to protect your brand. Click below for a free trademark consultation to learn more about our services.