Frequently Asked Trademark Questions
"What is a trademark?"
A trademark is a source identifier that informs consumers where a product or service originates. It can be a word, symbol, or other identifier that distinguishes a business from its competitors.
Some well-known trademarks are the word mark BOTOX, the well-known Apple logo, and of course the famous, red-lacquered shoe sole of Louboutin .
Trademarks are often confused with patents and copyrights, which are very different forms of intellectual property and do not protect the same things.
"How to register a trademark?"
To register a trademark, you must file an application with the relevant government agency, such as the U.S. Patent and Trademark Office (USPTO), providing details about the trademark and its intended use or current use, and paying the required fees. Preparing and prosecuting an application is a nuanced process that involves subtle distinctions, complexities, and careful consideration of various factors. Unless you are very familiar with the trademark process you should use a licensed professional to assist you.
"How long does a trademark last?”
A trademark can last indefinitely, as long as it continues to be used in commerce and its registration is properly maintained. In the United States, federal trademark registration is initially valid for 5 years, but it can be renewed every 10 years thereafter, provided the owner submits the necessary maintenance documents proving that the trademark is still in use and pays the necessary fees. If the trademark is not actively used or the required renewals are not filed, the registration may be canceled. Regular monitoring and renewal are essential to keeping a trademark active and protected.
"How much does a trademark cost?"
The cost of registering a trademark varies depending on whether it is a state or federal application. For state applications, the filing fees per class of goods or services is typically in the range of $30 - $70. Whereas the filing fees for federal registration are either $250 or $350 per class.
Individuals can file both state and federal trademark applications on their own directly through the respective government websites. If assistance is desired, the costs in addition to the filing fees typically falls within the range of $650, for do-it-yourself services like LegalZoom, to $3000 for preparation by a licensed attorney.
"Can I use a trademark without registering it?"
Registration of a trademark is not a prerequisite for use, but it is a best practice. Trademark rights are negative rights and allow you to prevent others from using your trademark or a confusingly similar one. If a trademark is used without registering it this use may provide some level of protection under common law rights. However, obtaining registration of a trademark will provide the use with stronger, broader protection, assist with enforcement, and offer other legal advantages.
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