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What’s a trademark? Trademarks are source identifiers. A trademark is a word, phrase, logo, design, sound, fragrance, or combination of those things, which identifies the source of a product or service. It is a device that lets consumers know a product or service originates from a particular person or entity.

Trademark FAQ

What is a Trademark?

A trademark is a word, phrase, name, logo, color, sound, or a combination of those things that identifies the source of a product or a service.

What are Some Examples of Trademarks?

Examples of trademarks are Nike, Adobe, Microsoft, Apple, Google, Just Do It, I’m Lovin’ It, Ford, Lexus, Mercedes Benz, Roku

What is the Difference Between a Strong and Weak Trademark?
Strong trademarks are registered on the Principal Register and enjoy the greatest protection. They are viewed as “distinctive.” In the trademark world, the more distinctive a mark, the greater the level of protection. If a weak trademark gets registered, it is placed on the Supplemental Register. Then, after five years, if the registrant can prove that the trademark has acquired distinctiveness, the registrant may move the trademark to the Principal Register.
What is the Difference Between Common Law and Registered Trademarks?
Common law trademarks are trademarks that have been used over a period of time, but they have not been registered with the United States Patent and Trademark Office.
What are the Benefits of Trademark Registration?

Despite the initial cost of filing and maintaining the trademark once registered, there are several benefits to investing in trademark registration. Among them are:

  • legal presumption of ownership
  • nationwide protection
  • constructive notice to 3rd parties
  • the right to file with US Customs
  • availability in the USPTO search database (TESS)
  • right to use the trademark registration ® designation
  • the right to file a lawsuit in federal court
What is the Proper Trademark Symbol to Use?
After a comprehensive trademark search, an application has been filed, and the applicant is reasonably confident the application won’t be challenged, the applicant may use the ™ symbol. Once the trademark has been officially registered with the United States Patent and Trademark Office (USPTO), the registrant (as they are now known) should use the ®, which may only be used once the mark is registered.
How Long Does a Trademark Last?

Forever, so long as the trademark registrant performs all post-registration actions. Those actions include:

  • filing the Declaration of Continued Use between years 5-6 from the date of registration
  • renewing the trademark between years 9-10 after registration and subsequently renewing every 10 years thereafter
  • monitoring the trademark in the marketplace to ensure that no one is violating your rights
  • most of all, using your trademark in the way declared in the Statement of Use or Allegation of Use
Do I Really Need to do a Trademark Search?
No, a search is not required. That said, if you bypass this vital and essential step, you do so at your peril. The purpose of a comprehensive trademark search is to provide the applicant with helpful information. Such information might include potential challenges and what to do about them. A thorough search also helps determine whether a mark is weak or strong.
What is the difference between a USE and an ITU trademark application?
If an applicant is ready to file a trademark application, a USE or an Intent to Use application can be filed. The USE application is filed when an applicant has everything they need, which includes satisfactory specimens, the required fee, and a properly completed application. An Intent to Use (“ITU”) application is a placeholder, which states that the applicant has a bona vide intention to use the trademark very soon. Even if you are ready to file a USE application, sometimes it’s strategically best to file an ITU because it gives the applicant more time to prepare specimens.

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