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Q. What is a trademark?

Answer: A trademark is any word, phrase, mark, symbol, design, sound, color or a combination of words, phrases, marks, symbols, designs, sounds, or colors, which are used to identify or distinguish the source of particular goods from those of others.

Examples of well-known trademarks are as follows:

FRUIT OF THE LOOM (Phrase) McDonald's Golden Arches (Symbol) HAVE IT YOUR WAY (Phrase) Nike Swoosh (Symbol/Mark) NIKE (Word Mark)

The Color Pink For Owens/Corning Insulation (Color) FORD (Word Mark) Distinctive Shape of Glass Coke Bottle (Design) XBOX (Combination) Sound of a Harley Davidson Motorcycle (Sound)

Q. What is a service mark?

Answer: A service mark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. Examples of service marks include, State Farm for insurance services, Charles Schwab for investment services, and FedEx for delivery services.

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Q. How do I get a trademark?

Answer: You obtain trademark rights from actual use of a mark in commerce. Your date of first use of a mark in commerce is your priority date. These trademark rights are known as "Common Law Trademark Rights." The actual scope and extent of your common law trademark rights depends on the specific facts relating to the actual commercial use of the mark. As a general rule, common law trademark rights are restricted to the geographic area in which the mark is actually used. Unfortunately, common law trademark rights are limited, and do not provide the same protections and benefits as a "Registered Trademark."

Q. What is a registered trademark?

Answer: A Registered Trademark is a mark that has been registered with a government body such as the United States Patent and Trademark Office (USPTO). Each country has its own registration process. After a trademark search and attorney analysis, in the U.S., the trademark registration process begins with the preparation and filing of a trademark application, accompanied by the required filing fee. The application goes through an extensive examination process by the USPTO. If the USPTO does not refuse the application, or the application is not opposed by a third party, it will mature into a Registered United States Trademark.

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Q. What are the advantages of registering a trademark?

Answer: Registration discourages infringement or unauthorized use of your mark, but perhaps the most important benefit is constructive notice to the world of your trademark rights. Registered United States Trademarks are listed in the records of the USPTO. Even if a party fails to do a proper trademark search to discover your mark, the law presumes they had actual knowledge of your registration. Anyone who does a proper trademark search should easily learn of your trademark registration and be alerted not to infringe on your rights. This should warn off potential infringers. This early alert can save you thousands of dollars as compared to trying to stop an infringing party after they have already started infringing your mark. Other benefits include the following:

a legal presumption of the registrant's ownership of the mark and the registrant's exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration; the ability to bring an action concerning the mark in federal court; the use of the U.S registration as a basis to obtain registration in foreign countries; and the ability to file the U.S. registration with the U.S. Customs Service to prevent importation of infringing foreign goods

Q. How much does a federal trademark registration cost?

Answer: From start to finish you can expect to pay approximately $2,200 to register a United States Trademark. This price includes a trademark search, attorney analysis, opinion letter, preparation and filing of an application, USPTO filing fees, as well as follow up and Trademark Certificate accuracy verification. Trademarks are the most valuable assets of any business because they are the official symbol of your company's good name and reputation. Treat your trademarks the same as you would any other valuable asset, and only entrust them to qualified trademark professionals.

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Q. What is a trademark search?

Answer: A trademark search is a collection of detailed information obtained from conducting extensive legal research and investigation of the mark you've selected. It also includes research and investigation of other marks, which are similar in sound, spelling, pronunciation, appearance, meaning or commercial impression. Quality trademark searches typically consist of more than a hundred pages of detailed information.

When done correctly, a reliable trademark search will access the records of the United States Patent And Trademark Office (USPTO), The United States Library of Congress Copyright Records, the World Intellectual Property Organization (WIPO) Records, both state and local government records and filings, internet and domain name registries, multiple internet websites and browsers, phone directories, business directories, product catalogs, trade journals, magazines, newspapers, periodicals, news letters, and numerous other publications and databases.

Q. Why should I do a trademark search?

Answer: Obtain a quality in-depth and comprehensive trademark search to save time and money. The most important reason for a trademark search is to make sure your chosen mark is not already registered or being used by another party.

A trademark search will also identify the registration or use of similar trademarks. This can help protect you and avoid liability for infringing upon another party's trademark. There is no sense in investing valuable time and resources in a mark (company name, product name, logo or design) unless you know that you are free to use the mark. Simply stated, a trademark search lets you know what names are available and what names are not. Trademark searches can also be used to discover what new names or products a competitor is trying to protect.

Q. How much does a tradmeark search cost?

Answer: It is reasonable to expect to pay $400 to $525 for an accurate, in-depth and comprehensive U.S. trademark search. The cost of our trademark search is $425, and in terms of accuracy, completeness, quality and reliability, there is not a more cost efficient trademark search available.

A reliable trademark search report typically contains 100 to 300 pages or more of detailed trademark information. It is far more cost efficient to pay for a quality trademark search than it is to pay the consequences associated with a poor quality trademark search, which results in defending against allegations of trademark infringement.

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Q. Are all trademark searches the same?

Answer: NO, all trademark searches are not the same. Be cautious because some searches are so lacking in accurate information, quantity, detail and scope that it is amazing they can even be called a "Trademark Search." Unfortunately, there are no legal standards for what can be called a Trademark Search. For this reason, you should only rely on quality trademark searches from trademark search specialists, which have earned a reputation among trademark professionals for accuracy and reliability.

The object of a reliable trademark search is to have access to as much accurate information as possible. There is no thing as too much information, but not enough information can create costly mistakes. If you take short cuts and pay less, you will get less. The industry's leading trademark research specialists, considered by leading trademark professionals as the best in the business, provide our searches. With the future of your business and our reputation for quality trademark services on the line, our attorneys rely on only the best.

Q. Do I need an attorney?

Answer: Trademark law is a specialized field comprised of federal, state and international laws, treaties, administrative rules, administrative orders, and court decisions. Therefore, it is important to have the assistance of an experienced trademark attorney to help you navigate through the nuances of the laws affecting the trademark registration process. Unfortunately many businesses fail to recognize the time consuming and complex nature of obtaining a federal trademark registration. This misconception can lead to a costly unsuccessful registration attempt or potential liability for trademark infringement.

You are not required to have a skilled professional build a house or furniture, but they can usually do a better quality job in a more cost efficient manner than if you tried it yourself. The same is true of trademarks. The legal knowledge, experience and streamlined trademark system that we have developed is your most cost efficient option. Therefore, when attempting to protect something as important as your good name and reputation, we recommend working with an attorney who is experienced in the field of trademark law. Although trademark law is complex, we simplify the registration process by providing you with useful information and realistic expectations.

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Q. How long does it take to register a trademark?

Answer: From start to finish, registration usually takes between 8 and 14 months. This lengthy time period is due mainly to the number of trademark applications filed each year and waiting to be processed by a limited number of trademark examiners. In 2004, there were approximately 245,000 new applications filed. Certain circumstances such as ongoing trademark infringement may allow for special expediting. Our experience and streamlined system can also save time and help expedite the process.

Q. Can I use my trademark before it is registered?

Answer: Yes, you can start using your mark at any time, as long as you have first obtained a trademark search, and have had the search reviewed by a trademark attorney. If the attorney's analysis of the search discloses that your use of the mark is not problematic, you can make full use of your mark without a registration already in place.

With few exceptions, it is best to obtain a trademark search before you begin using a mark. If for some reason you must begin using a mark before researching it first, it may be better to limit your use of the mark. This way, if a trademark search later determines the mark is already in use or problematic, you will hopefully not have too much invested in the mark in case you have to stop using it.

Q. Can I file a trademark application before I start using my mark?

Answer: Yes in many countries including the United States, you can file a trademark application with the USPTO even if you have not yet started to use a mark in commerce. If you are not actually using a mark but want to register and protect it, you can file an "Intent To Use" Trademark Application with the USPTO.

The application must be accompanied by the statutory filing fee and a sworn statement in the form of a properly worded declaration stating that the applicant has a bona fide intention to use the mark in commerce. Your priority (use) date will be the date the Intent To Use Application is filed. If the USPTO approves the application, you will have 30 months to begin using the mark in commerce and to file a Statement of Use, or your registration rights will become abandoned.

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Q. How do I file a trademark application if I am already using a mark?

Answer: If you already started using a mark in commerce and want to register the mark, you can file a "Use Based Application." with the USPTO. This type of application is based on actual use of the mark in interstate commerce.

An application based on actual use must be accompanied by the statutory filing fee and a sworn statement in the form of a properly worded declaration stating that the mark is in use in commerce. The declaration must also list the date of first use of the mark anywhere, and the date of first use of the mark in commerce. A "specimen" showing exactly how the mark is being used in commerce must also accompany the application. A "specimen" could be a product label, tag, or packaging that displays the mark. In the case of a service mark, a specimen could be an advertisement showing both the mark and the service offered.

Q. What is "USE IN COMMERCE"?

Answer: For the purpose of obtaining federal registration, "commerce" means all commerce that the U.S. Congress may lawfully regulate. For example, interstate commerce or commerce between the U.S. and another country. "Use in commerce" must be a bona fide use of the mark in the ordinary course of trade, and not use simply made to reserve rights in the mark. Generally, acceptable use is as follows:

For goods: the mark must appear on the goods, the container for the goods, or displays associated with the goods, and the goods must be sold or transported in commerce. For services: the mark must be used or displayed in the sale or advertising of the services, and the services must be rendered in commerce.

Answers to Your Questions