Written by NotALawyer Legal AI · Reviewed by External Legal AI · Published April 27, 2026 · Last reviewed June 26, 2026
A trademark protects the names, logos, and slogans that identify your business and set it apart from competitors. Using a mark in commerce gives you some rights automatically. Federal registration with the USPTO makes those rights enforceable nationwide.
Use a distinctive mark in commerce and you get common-law trademark rights in your geographic market. They are narrow but enforceable, and they exist whether or not you ever register.
Federal registration gives you nationwide priority, the right to use the ® symbol, a legal presumption of ownership, and the ability to sue in federal court. The base filing fee is $350 per class.
Run a clearance search in the USPTO TESS database and a knock-out search for similar marks before filing. It can save months and wasted fees. For an important brand, a trademark lawyer's full search is worth it.
After registration, file maintenance documents at year 5–6, again at year 10, and every 10 years after that. Miss a deadline and the registration cancels, even if you are still using the mark.
Trademarks can be lost through non-enforcement. Set up Google Alerts for your mark, watch for confusingly similar uses, and send cease-and-desist letters when needed. Silence can be treated as abandonment.
More on this topic: the Small Business hub
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