A trademark protects the names, logos, and slogans that identify your business and distinguish it from competitors. You actually get some rights just by using a mark in commerce — but federal registration with the USPTO turns those rights into something that's actually enforceable nationwide.
Once you use a distinctive mark in commerce, you get common-law trademark rights in your geographic market. These are limited in scope but enforceable — and they exist whether or not you ever register.
Federal registration gives you nationwide priority, the right to use the ® symbol, presumption of ownership, and the ability to sue in federal court. Filing fees start at $250–$350 per class.
A clearance search through the USPTO TESS database (and a knock-out search for similar marks) can save you months of wasted filing fees. Hiring a trademark attorney for a full search is worth it for important brands.
After registration, you must file maintenance documents at year 5–6 and again at year 10, plus every 10 years thereafter. Miss the deadline and your registration cancels — even if you're 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.
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NotALawyer.com provides general legal information, not legal advice.