Frequently-Asked Trademark Questions

Summary: Trademark law can be confusing — That’s why we created this website! Below are some of the most frequently asked questions about trademark law. Didn’t get your question answered below? Then feel free to contact us with your question, and we’ll answer it and add it to the FAQ section for the benefit of future website visitors.

What is a Trademark?

A trademark is anything that distinguishes your goods and services from another’s goods and services. It can be a word, a logo, a distinctive typeface, a color — even a sound!

What Is A Common Law Trademark?

A common law trademark is an unregistered trademark. You have rights to a trademark just by using a trademark in commerce. Beware, though; there are many advantages that you forgo if you don’t register your trademark with the Patent and Trademark Office. Watch this video for more information.

What Symbol Should I Use on My Trademark, R or TM?

That depends; is your mark registered? If so, then it’s appropriate to use the “circle R” symbol, indicating a trademark registration. If your mark is unregistered, then it’s appropriate to use the “TM” symbol. This is true even if you have applied for the mark. You can’t use the “R” symbol until you have received your Certificate of Registration.

Where Should I Register My Trademark?

If you want nationwide rights to the exclusive use of your trademark, then you need to have a Federal trademark registration. This gives you the best trademark protection and tells others that you are the official owner of that trademark.

While there are state trademark databases, I don’t think a state trademark registration is worth very much, because it does not grant you the same kinds of rights and presumptions of first use that a Federal trademark does. Watch this video to learn more about the benefits of Federal trademark registration.

Do I Have to Use My Trademark Before I Apply for a Registration?

Trademark rights are acquired through use. There is, however, a process where a prospective mark owner can “reserve” a mark that he or she intends to use in the future, even though he is not currently using it. This filing based on an “Intent to Use” a mark allows a sort of “reservation” of a trademark for a limited time — 3 years, in total — in order to do research and development before trademark use actually begins. Full trademark rights and a registration are only granted, however, once actual use is finally proven to the trademark office.

How Long Does My Trademark Last?

Your trademark lasts as long as you are actually using the mark in commerce. Remember that trademark rights are acquired through use, which means that you have to continually use the mark to maintain your trademark rights — you can’t just “squat” on a mark to prevent others from using it. While brief interruptions in trademark use are not fatal to your trademark rights, a prolonged break from use of the mark could cost you your trademark rights.

Can I Register a Logo As A Trademark?

Of course, logos are absolutely suitable for use as a trademark. Think about all the famous logos currently in use — the Nike swoosh, the Yelp.com sunburst logo, Bessie the Cow for Borden Foods. Those are all logos that are registered trademarks.

Can I Register Both a Word Mark and a Logo Mark?

Of course! Many famous trademarks are both and word and a logo at the same time. Consider Coca-Cola, for example. They have a registration for the words “Coca-Cola” and also a registration for their stylized lettering that spells out “Coca-Cola.” Their lettering has become a trademark for Coca-Cola, such that other companies are prevented from using their stylized lettering for their marks.

Can A Slogan Be A Trademark?

Of course! Anything that distinguishes your goods and services from another’s goods and services can serve as a trademark and can be registered as such. You are likely familiar with many slogans: Nike’s “Just Do It,” Loreal’s “Because You’re Worth It,” Mars, Inc’s “Melts in Your Mouth, Not in Your Hands.” Any combination of words is capable of serving as a trademark.

What's the Difference Between a Trademark and a Copyright?

What’s the Difference Between a Trademark and a Copyright?

A trademark protects a distinctive element intended to show consumers the source of the goods and services. A copyright protects original creative works that have been reduced to some tangible form — a song, a painting, or a poem, for example. While trademarks and copyrights are both forms of intellectual property, they serve different purposes and should not be confused with one another.

What's the Difference Between a Trademark and a Patent?

What’s the Difference Between a Trademark and a Patent?

A trademark protects any element that is intended to distinguish your goods and services from the goods and services of another. A patent protects the functional aspects of a novel invention (there are some exceptions to this functional requirement, but we won’t go into that here).

Bottom Line: You probably have LOTS of questions about trademark law and the process of getting a trademark. See the materials on this site — especially the video library — to get all of them answered.

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