Unless stated otherwise, references on this page to “registering” a trademark will refer to Federal registration through the United States Patent and Trademark Office (USPTO).
What is a Trademark?
A trademark or service mark (often referred to as a “brand”) is a word, phrase, logo, sound, smell, or other design that distinguishes your goods or services from those of your competitors.
What’s the difference between a Trademark and a Copyright?
Trademarks protect your brand names, logos, etc., while copyrights protect your creative works, such as a song, screenplay, photo, etc.
What does it mean to “Trademark” something?
This typically refers to the process of registering a mark with the USPTO.
How do I “get” a trademark?
Simply put, you “get” a trademark by using a name, logo, etc. in commerce in connection with your goods or services.
Do I have to register my trademark?
No, but… (see next)
Should I register my trademark?
Definitely. If you want to have the strongest brand possible, and facilitate your ability to enforce your trademark, you should certainly register it.
What’s the difference between a State and Federal trademark registration?
A State trademark registration gives you the exclusive right to use your trademark within a particular state (ex. Florida).
A Federal trademark registration gives you the exclusive right to use your mark throughout the US, in all states.
Does registering my corporation or LLC with a state agency protect my trademark?
When should I register my trademark?
As soon as you’ve settled on a mark AND made sure that it’s not being used by someone else.
How much is the USPTO fee for registering a trademark?
If you’re already using the mark, then the fee is $225 (per “International Class”). If you’re still not using the mark, but intend to do so within the next few years, then the fees will range from $325-950.
What is a USPTO “Office Action”?
It’s a letter from the USPTO letting you know that there is an issue with your application that needs to be addressed before your trademark can be registered. You typically get six (6) to respond.
How do I respond to a USPTO Office Action?
Contact Apollo’s Counsel and let us help you put together the best response or strategy possible to help you protect your brand.