A practical guide to trademark protection.
What a trademark protects, the difference between business registration and federal registration, filing fees, and information needed to start an enquiry.
What is a trademark?
A trademark is a word, phrase, logo, symbol or combination that identifies the source of goods or services and distinguishes them from others. Rights attach to use of the mark in connection with particular goods or services, not ownership of a word for every purpose.
Business name versus trademark
Registering a business entity or trade name with a state does not automatically grant a federal trademark registration. Use of a mark in commerce can establish limited rights. Federal registration provides additional legal benefits for the mark and specified goods or services.
USPTO: What is a trademark? ↗Benefits of federal registration
- The registration appears in the USPTO database, providing public notice.
- A registration gives a legal presumption of ownership and the right to use the mark for covered goods or services.
- A registrant may use the ® symbol with the registered mark for the covered goods or services.
- Federal registration can support a federal trademark infringement claim.
- A U.S. registration can be used as a basis for applications in other countries.
- Protection remains subject to the scope of the registration, other parties’ rights and required maintenance.
Research before an application
A word search may identify identical and similar marks in the federal database. A conflict can involve similar sound, appearance or commercial impression and related goods or services, even if the names are not identical. A preliminary word search is not a comprehensive clearance opinion or a promise of registrability.
Explore trademark registration references ↗Prices and filing costs
Preliminary federal word research for one proposed mark and a written summary of selected references.
Attorney-led application work under the agreed engagement scope. Government fees are separate.
For a qualifying one-class application, the initial attorney fee and base USPTO application fee total $799. The applicant pays the government fee separately. Extra classes, filing details, later use filings and other work may incur additional fees. The USPTO, not Lexorielle Law, decides whether an application registers.
USPTO fee information ↗ · Service terms and payment information
What we need from you
Provide these details in the enquiry form so the requested service and next steps can be assessed.
- Full name
- Company name, if available
- Physical address
- Email address
- Products or services you will be selling
- Proposed brand name and optional logo
We also ask for the service you want, the type of business and whether the applicant is based in or outside the United States. Foreign-domiciled applicants must be represented before the USPTO by an eligible U.S.-licensed attorney.
Request an enquiry ↗Official information
For current federal requirements and fees, consult the USPTO directly.
What is a trademark? ↗Why register a trademark? ↗Trademark fee information ↗Representation requirements ↗