Trademark Frequently Asked Questions

• What is a trademark?
  A trademark protects the original or unique characteristic of your product and/or service that distinguishes it from other products or services. A trademark is a symbol of goodwill and identifies the origin of goods and services. A trademark is also a symbol of quality assurance. Like a brand name, a trademark allows a consumer to identify your product or service and differentiate it from others. It usually includes a name, symbol, insignia, emblem, logo, phrase, image or a combination of these things. A “service mark” is for services; a “trademark” is for goods; a “trade name” is for businesses. Often all three are generally referred to simply as a trademark.
• What is the difference between a trademark, patent, and copyright?
  The umbrella of intellectual property protection includes patents, trademarks, copyrights, and trade secrets. Each has its own source in law and unique protection of various intellectual properties. Trademarks provide value to their owners within the larger umbrella of intellectual property protection. In addition to being one aspect of intellectual property protection, trademarks also are part of a larger area of law called unfair competition. A trademark protects the original or unique characteristic of your product and/or service that distinguishes it from other products or services. A trademark is a symbol of goodwill and identifies the origin of goods and services. A trademark is also a symbol of quality assurance. (A copyright protects an original artistic or literary work of authorship, and a patent protects novel, non-obvious elements of an invention.)
• When can I use TM, and when can I use the circle R ®?
  A trademark may utilize TM and a service mark may utilize SM without a federal registration. A ® (circle R), however, is reserved only for trademarks and service marks federally registered with the US Patent and Trademark Office (USPTO).
• How long does a trademark last?
  A federally registered trademark continues indefinitely so long as the mark is being used in connection with the goods and/or services in the registration. To maintain a registration, an applicant will need to file various renewals documentation with the United States Patent and Trademark Office (USPTO) in addition to the continued use.
• How long does it take to federally register a trademark?
  Timing can vary, and each application is unique. However, in many instances a U.S. federal registration can be obtained in about one year, so long as there are no major substantive refusals to the mark and so long as the mark is not opposed, the likelihood of which both items are reviewed in a trademarkability search.