Faq

It’s a word, phrase, logo, symbol or design, or a combination of these elements, used to identify or distinguish the goods and services of one company or individual from others.

When people say "you need to Trademark," they generally mean you need to file a Trademark application with the U.S. Patent and Trademark Office (USPTO). While mere use of the word or logo without registration is enough to create common law trademark ownership rights, those rights only extend to the geographical area where the mark is being used. A Federal Trademark registration is much stronger protection because it provides national protection.

Legally, a Service Mark is a Trademark, however, Service Marks relate to services, while Trademarks can relate to either goods or services.

If both companies offer the same or similar goods and services, and the other company has already registered the trademark federally, then you are likely out of luck. It may be best to find another name to trademark. If they have not trademarked, but they used the name first and they use the name nationally and pervasively, then you are probably still out of luck depending on the scope of their use. However, if they only use the trademark on a local basis, then you may be able to register the trademark federally and use it in those areas where they do not and have not used it before.

Not if the owner has assigned or sold the trademark to another party or if the trademark is only not being used on a temporary basis. However, if the company is no longer using the trademark and has not been using the trademark for a substantial period of time (generally 2-3 years) then you may be able to successfully challenge their mark in court. Because of this they may be interested in selling the trademark to you inexpensively. But be warned, the minute you contact them they may immediately start using the mark!

 

Yes. However, if an applicant does not reside in U.S., a representative in the U.S. must be designated to receive documents and correspondence. We can act as your Domestic Representative at no charge through the date of registration.

No. If you own a registered trademark you can prevent others from using the same or similar trademark only for those goods and/or services you sell. For example, if you sell T-shirts using a registered trademark you have the right to prevent others from selling T-shirts using a trademark which is the same or similar to your trademark. Also, others may use your trademark to sell unrelated goods - like car tires or bottled water. You would only be protected for T-shirts.

Additionally, federal trademark protection only extends to companies selling goods or services in the U.S. or between a foreign country and the U.S. Your competitors may still have the right to sell the same or similar goods or services between 2 or more foreign countries. For this reason, many companies register their trademarks internationally as well.

No. Each trademark must be trademarked separately if you intend to use them separately. Your name, slogan, logo, Domain name and design are all separate trademarks. Moreover, your business name and your logo are separate trademarks even if your business name is incorporated within the logo. Additionally, each application will incur its own fees and costs.