Trademarks 101 · The basics
A trademark tells people who it comes from.
A word, phrase, symbol, or design that says your goods or services come from you and not a competitor. A federal registration is how you make that official and enforceable, nationwide.
If you read nothing else
- What it is
- A word, phrase, symbol, design, sound or even a smell that distinctively identifies you as the source of your goods or services. One that identifies a service is also called a service mark, but is otherwise the same.
- What registering gets you
- The exclusive right to use it, nationwide, against others whose use is likely to confuse people about who they’re buying from.
- Does it last forever?
- Not necessarily, but possibly! Your rights last as long as you keep using the mark commercially and filing the maintenance forms: first between years five and six after registration, then every ten years.
- Can you file before you’re actually using it?
- Yes, if you genuinely intend to use it in U.S. commerce. You just won’t be able to get a registration issued until you show use.
Two ways to file
Already in use
This means that you’re selling products under the mark today.
- You give the date you first used it
- You upload a specimen showing it in use
- The registration can issue once the examiner approves
Intent to use
You plan to use it and want your place in line now.
- Your filing date counts from the day you apply
- You’ll show use later, by filing a statement of use for an extra cost
- Extensions are available, in six-month intervals, for a fee
How long it takes
We file
Your application goes to the USPTO with a filing date that holds your place.
About 6–8 months
That’s roughly how long it takes before it lands on somebody’s desk and an examining attorney starts looking at it.
Approval, or an office action
Many go straight through. Others get a letter asking for a fix or an argument, and we have an opportunity to answer it.
12 to 18 months, best case
That’s a typical path to registration when nothing gets in the way. Weak marks and conflicts can make this timeline take longer, depending on the situation.
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This sheet is general information, not legal advice for your situation. Talk to us about yours.