Introduction
Your brand is one of your most valuable business assets. A strong trademark protects your name, logo, or slogan from misuse and helps customers know they can trust your products and services. This guide explains the basics of U.S. trademark law — from what a trademark is, to how to register, maintain, and enforce your rights.
Quick Trademark FAQs
- How long does a trademark Last?
Ten years, renewable indefinitely if maintained.
- What is the difference between ™ and ®?
™ means unregistered, ® means federally registered.
- Do I need to search before filing?
Yes — to avoid conflicts and USPTO refusals.
- Can I trademark a name?
Yes, if it’s distinctive and used in commerce.
Section 1 - What is a Trademark?
A trademark is a word, phrase, logo, or design that identifies the source of goods or services. Trademarks help businesses build brand recognition and protect consumers from confusion. U.S. trademark law is governed by the Lanham Act, which provides federal protection for registered marks.
Learn more: What is a Trademark?
Section 2 - Types of Trademarks
Trademarks can take many forms. The most common are word marks (business names, product names) and design marks (logos). But trademarks can also include slogans, sounds (like NBC chimes), colors (Tiffany blue), or even product packaging (trade dress).
👉 Learn more: What are the Types of Trademarks
Section 3 - How to Choose a Strong Trademark
Not all marks are created equal. A strong trademark is distinctive — making it easier to register and enforce. The “spectrum of distinctiveness” runs from generic terms (not protectable) to fanciful marks (made-up words like “Kodak”). The stronger your mark, the stronger your protection.
Top 5 Trademark Mistakes to Avoid
Even experienced business owners can make costly errors when choosing or registering trademarks. Here are the most common mistakes we see:
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- Selecting a generic or descriptive name
- Not conducting a proper trademark search
- Filing in the wrong goods/services class
- Failing to respond to a USPTO Office Action
- Not maintaining or renewing the registration
Section 4 - Trademark Searches
Before filing an application, it’s essential to conduct a search. A search checks for existing trademarks that may be confusingly similar. This step helps avoid refusals from the USPTO and costly disputes later. Searches should include the USPTO’s TESS database and common law uses.
Section 5 - The Trademark Application Process
Registering a trademark with the USPTO involves filing an online application (TEAS Plus or TEAS Standard), selecting the correct goods and services classes, and waiting through the examination process. If approved, your mark is published for opposition before registration is granted.
Section 6 - Office Actions & Responses
The USPTO may issue an Office Action refusing your application for reasons like “likelihood of confusion” or “merely descriptive” wording. Applicants must respond within six months. A well-crafted legal response can often overcome these refusals.
Section 7 - Trademark Maintenance & Renewal
Owning a trademark is an ongoing responsibility. Between the 5th and 6th year, you must file a Section 8 declaration to confirm continued use. Every ten years, you must renew with a Section 9 filing. Filing a Section 15 declaration after five years can make your mark “incontestable.”
Section 8 - International Trademark Protection
Trademark rights are territorial — a U.S. registration only protects you in the U.S. For international protection, many businesses use the Madrid Protocol, which allows filing in multiple countries through one application. Others file directly in each country of interest.
Section 9 - Trademark Enforcement
Trademark protection doesn’t end with registration. Owners must monitor for unauthorized use and take action when necessary. This can include cease-and-desist letters, negotiation, litigation, or online enforcement tools like Amazon’s Brand Registry.
Conclusion & Call to Action
Your brand is your reputation. A well-chosen and properly registered trademark ensures it is protected against misuse and confusion. Whether you’re launching a new business or maintaining an existing registration, Lewellyn Law, PLLC can guide you every step of the way.