FAQs

  • If you are a business owner or offer goods or services under a fictitious business name, you should at least consider applying for federal trademark protection with the USPTO. This applies to brand-owners, restaurant-owners, podcasters, artists, and musicians, to name a few.

    A common misconception is that newer or smaller business starting out do not need to worry about filing a trademark, but this is not the case.

    Applying, or at least learning about the basics of trademark registration can save you a lot of worry, stress, and money down the road.

  • The importance of trademark protection for your business or brand name is twofold: (1) to protect the goodwill and reputation of your business; and (2) to build trust with your clientele and avoid confusion between your brand and others.

    A federally registered trademark for your business name will ensure your legal right to use your business name in connection with the goods and services you offer. With a registered trademark, you will be able to block others from offering the same goods and services under a similar name, which will cut down on confusion among your clients and strengthen your brand identity.

    Conversely, you may choose to do business under a business name without a trademark. In some instances this might be okay, but you will not have the legal right to stop infringers from using a similar or identical name. In fact, if one of these competitors files for trademark protection before you do, they will have the legal right to stop you from using the name.

  • In short: the earlier the better, but ideally before you invest a substantial amount of money in promotional material, advertising, packaging, merchandise, etc.

    Before heavily investing in a certain name for your business, it is a good idea to check 3 things:

    1. If the website domain for your business name is available

    2. If the relevant social media handles for your business name are available

    3. Consult with an attorney to help you know if there are any competing trademarks that might oppose to you doing business under that name.

  • Current processing time for trademark applications at the USPTO is 7-9 months. Certain factors, like Office Actions or preliminary rejections can add additional time.

  • The USPTO groups business names into categories according to a hierarchy.

    • Fanciful marks describe brand names that are completely made-up. These marks do not implement words from English or any other language. These marks are the most likely to be registered and receive the highest level of protection. (Ex. Kodak; Exxon)

    • Arbitrary marks implement known words that are completely unrelated to the good or service they signify. These marks offer the second highest likelihood or registration and protection. (Ex. Apple for electronics)

    • Suggestive marks contain a word or phrase that is tangentially related to the good or service the mark signifies. It does not describe the good or service, but you can see the connection with a little mental gymnastics. (Ex. Jaguar for fast cars)

    • Descriptive marks use language that describe the goods and services. These marks are not likely to be federally protected by the USPTO as they are not adequate to indicate source. Last names and geographical locations are often deemed descriptive. (Ex. Elegant Nails, NY Pizza)

  • Yes, if you are based in the United States. However, there are many pitfalls that independent applicants typically fall into. In many cases, seeking the advise of an experienced attorney can save significant time and money.

    Foreign-based applicants must retain a US-certified attorney to file their trademark application.