How to File a Trademark: Protecting Your Business Name and Logo

8 min • Business Law

A trademark is a word, phrase, symbol, design, or combination thereof that identifies and distinguishes the source of goods or services. Trademarks protect your brand identity — your business name, logo, slogan, or even a distinctive sound or color scheme. Unlike patents (which protect inventions) and copyrights (which protect creative works), trademarks protect the consumer-facing identifiers that tell customers who made the product. The legal basis is the Lanham Act (15 U.S.C. §§ 1051 et seq.), and registration is handled by the United States Patent and Trademark Office (USPTO).

Before filing, you must conduct a comprehensive trademark search to ensure no one else is already using a confusingly similar mark for related goods or services. Start with the USPTO's free TESS (Trademark Electronic Search System) database, but go further: search state business registries, domain name databases, social media platforms, and general web searches. The legal standard is 'likelihood of confusion' — would a reasonable consumer confuse your mark with an existing one? The USPTO examines similarity of sound, appearance, meaning, and commercial impression, as well as the relatedness of the goods or services. Hiring a trademark attorney for the search is strongly recommended — a professional search can cost $500-$1,500 but can save you from an expensive infringement lawsuit later.

Filing the application is done through the USPTO's TEAS (Trademark Electronic Application System). You have two options: TEAS Plus ($250 per class of goods/services) with stricter requirements but lower fees, or TEAS Standard ($350 per class) with more flexibility. Your application must include: the applicant's name and address, a clear drawing of the mark, a description of the goods/services categorized by international class numbers, the date of first use in commerce (if filing under 'use in commerce' basis), and a specimen showing the mark as actually used (product label, website screenshot, packaging). If you haven't used the mark yet but have a bona fide intent to use it, you can file under 'intent-to-use' basis and submit the specimen later when you begin commercial use.

After filing, the USPTO assigns an examining attorney who reviews your application — this typically takes 8-12 months. The examiner checks for: (1) conflicting marks, (2) descriptiveness (is the mark merely descriptive of the goods?), (3) genericness (is the term the common name for the product?), and (4) other statutory bars. If the examiner finds an issue, you'll receive an Office Action with a deadline to respond (usually 3 months, extendable to 6). Common refusals include: likelihood of confusion with an existing mark, mere descriptiveness (e.g., 'Creamy' for yogurt), primarily a surname, or geographically descriptive (e.g., 'Napa Valley' for wine not from there). Many refusals can be overcome with arguments about acquired distinctiveness (the mark has become known through use) or by amending the application.

Once the examiner approves the mark, it's published in the Official Gazette for a 30-day opposition period during which third parties can oppose registration. If no opposition is filed (or opposition is resolved in your favor), the USPTO issues a registration certificate for use-based applications, or a Notice of Allowance for intent-to-use applications (you then have 6 months to submit proof of use). Registration provides powerful benefits: nationwide priority (your rights date back to the filing date), the right to use the ® symbol, the ability to sue in federal court and recover treble damages and attorney's fees for willful infringement, and incontestability after 5 years of continuous use. However, trademark rights require active maintenance: you must file a Section 8 Declaration of Continued Use between years 5-6 and every 10 years thereafter, or your registration will be cancelled.

Key Takeaways

• Trademarks protect brand identifiers (names, logos, slogans) — not inventions (patents) or creative works (copyrights)
• Conduct a thorough search beyond the USPTO database before filing — 'likelihood of confusion' is the key legal standard
• File via TEAS Plus ($250/class) or Standard ($350/class) with a clear drawing, goods description, and specimen of use
• The USPTO examination takes 8-12 months; respond to Office Actions within 3 months or risk abandonment
• Registration provides nationwide priority, federal court access, and the ® symbol — but requires maintenance filings every 5-10 years

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