Trademark FAQs: Answers to Common U.S. Trademark Questions

What is a trademark?

A trademark is a word, phrase, symbol, design, or other source identifier that distinguishes one business’s goods or services from those offered by others. Brand names, logos, slogans, and certain nontraditional marks can all function as trademarks.

Trademark rights can arise through use of a mark in commerce. Federal registration with the United States Patent and Trademark Office (USPTO) can provide additional legal protections and benefits beyond rights based solely on use.

Do I need to register a trademark?

No. Federal registration is not required for trademark rights to exist because certain rights can arise through use of a mark in commerce. However, federal registration can provide broader and more significant legal protections.

Among other benefits, federal registration can provide nationwide constructive notice of the registrant’s claim of ownership and important legal presumptions concerning the registered mark. The scope of trademark rights ultimately depends on the particular mark, its use, and other relevant circumstances.

Can I use a trademark before it is registered?

Yes. A business can generally begin using a trademark before obtaining federal registration, and the ™ symbol may be used to indicate a claim of trademark rights even if the mark is not federally registered.

The ® symbol is different. It should generally be used only after the mark has been federally registered with the USPTO and only in connection with the goods or services covered by the registration.

Can I file a trademark application before I start using the mark?

Yes. An applicant with a bona fide intention to use a trademark in commerce can generally file an intent-to-use application with the USPTO under Section 1(b) of the Lanham Act before actual qualifying use begins.

An intent-to-use application can establish an earlier application filing date, but registration will not issue on that basis until the applicant satisfies the applicable use requirements and timely submits an acceptable allegation of use.

Do I need a trademark attorney?

Not every trademark applicant is required to hire a U.S.-licensed trademark attorney. However, an attorney can assist with important issues such as trademark clearance, ownership, filing strategy, identification of goods and services, specimens, Office Actions, and potential likelihood-of-confusion problems.

The USPTO requires foreign-domiciled trademark applicants, registrants, and parties to be represented before the USPTO by an attorney who is licensed to practice law in the United States.

Do I need to conduct a trademark search before filing?

No. The USPTO does not require an applicant to conduct a trademark search before filing a federal trademark application. However, conducting a trademark clearance search before filing can identify potentially conflicting marks and help evaluate the risk of a likelihood-of-confusion refusal or a dispute with another trademark owner.

A comprehensive trademark search should generally look beyond exact matches. Depending on the circumstances, it may consider similar marks, related goods and services, federal applications and registrations, and potentially relevant marketplace or common-law uses.

What is the difference between a trademark and a service mark?

A trademark identifies the source of goods, while a service mark identifies the source of services. In practice, the term “trademark” is commonly used as a general term that includes both trademarks and service marks.

The legal principles governing trademarks and service marks are substantially similar. The distinction primarily reflects whether the mark is used in connection with goods or services.

What is the difference between TM, SM, and ®?

TM and SM can be used to indicate a claim of trademark rights even if the mark is not federally registered. TM is commonly used for goods, while SM is commonly used for services.

The ® symbol indicates that a mark is federally registered with the USPTO. It should generally be used only with a registered mark and only in connection with the goods or services covered by that federal registration.

What does “use in commerce” mean for a trademark?

“Use in commerce” generally means bona fide commercial use of a trademark in connection with the goods or services identified by the mark. The specific requirements differ depending on whether the mark is used for goods or for services.

For goods, the mark generally must appear on the goods, packaging, labels, or an acceptable display associated with the goods, and the goods must be sold or transported in commerce. For services, the mark generally must be used in the sale, advertising, or rendering of the services, and the services must actually be rendered in commerce.

How much use is required to establish trademark use in commerce?

There is no universal minimum number of sales or transactions required to establish trademark use in commerce. The key issue is whether the mark is being used bona fide in the ordinary course of trade rather than through token activity undertaken merely to reserve rights in the mark.

Whether particular use is sufficient depends on the nature of the goods or services, the industry, the manner of use, and the surrounding circumstances.

What is a trademark specimen?

A trademark specimen is evidence showing how a trademark is actually used in commerce in connection with the goods or services identified in a trademark application or registration filing. It shows the USPTO what consumers encounter in the marketplace.

For goods, acceptable specimens may include labels, tags, packaging, the goods themselves, or certain webpages where the goods can be purchased or ordered. For services, specimens may include advertisements, brochures, website pages, signage, or other materials that show a direct association between the trademark and the services.

What is a common-law trademark?

A common-law trademark is a trademark that may acquire legal rights through actual use in commerce even without federal registration. Those rights can arise when a mark is used to identify the source of goods or services.

The scope of common-law rights can depend on factors such as where the mark has been used, how extensively it has been used, and the goodwill associated with the mark. Federal registration can provide additional protections and procedural advantages beyond rights based solely on common-law use.

How do I register a federal trademark?

To register a federal trademark, an applicant files a trademark application with the United States Patent and Trademark Office (USPTO). The application identifies the owner, the mark, the goods or services, the filing basis, and other required information.

After filing, a USPTO examining attorney reviews the application for compliance with federal trademark law and USPTO requirements. The examining attorney may approve the application for publication or issue an Office Action identifying legal or procedural issues.

If the application is approved for publication, third parties are given an opportunity to oppose registration. Additional steps may be required before registration depending on the filing basis, including proof of use for certain intent-to-use applications.

What information is required in a trademark application?

A federal trademark application generally requires information about the trademark owner, the mark, the goods or services, the filing basis, and a verified statement signed by an authorized person.

The USPTO also requires information such as the applicant’s name, domicile address, email address, legal entity, and applicable citizenship or place of organization. Applications based on existing use may also require dates of use and an acceptable specimen showing the mark as used in commerce.

What is an intent-to-use trademark application?

An intent-to-use trademark application allows an applicant with a bona fide intention to use a mark in commerce to file for federal registration before actual qualifying use of the mark has begun.

An application filed under Section 1(b) can secure an earlier application filing date, but the mark will not register until the applicant demonstrates qualifying use in commerce and satisfies the applicable USPTO requirements and deadlines.

How much does it cost to file a trademark application?

For most applications filed under Sections 1 or 44, the USPTO currently charges a base filing fee of $350 per class of goods or services. Additional fees can apply if the application does not meet certain base requirements or uses customized identifications of goods or services.

Because USPTO fees can change, applicants should confirm the current fee schedule when preparing an application. Intent-to-use applications can also require additional fees later in the process when filing a Statement of Use or requesting extensions of time.

How long does the trademark application process take?

There is no guaranteed timeline for federal trademark registration. As of August 2026, the USPTO reports an average of approximately 4.2 months from filing to the first examining action and approximately 9.7 months from filing to registration or abandonment. Individual applications may move faster or take substantially longer.

Office Actions, oppositions, intent-to-use requirements, amendments, or other issues can extend the process. Applicants should therefore treat USPTO processing times as estimates rather than guaranteed completion dates.

Can the USPTO expedite a trademark application?

Generally, no. The USPTO does not routinely expedite a trademark application simply because an applicant wants a faster registration.

In limited circumstances, an applicant may request special treatment through the USPTO’s petition procedures if the applicable requirements are satisfied. Whether expedited consideration is available depends on the specific circumstances.

What happens after I file a trademark application?

After a trademark application is filed, the USPTO assigns it for examination and an examining attorney reviews it for compliance with federal trademark law and USPTO requirements.

If the examining attorney identifies problems, the USPTO may issue an Office Action. If the application is approved, the mark is generally published for opposition. If no successful opposition prevents registration, the next step depends on the filing basis. An application based on existing use may proceed toward registration, while an intent-to-use application generally requires additional proof of use before registration can issue.

What happens if my trademark application does not become a registration?

A trademark application is not guaranteed to result in federal registration. An application can be refused, abandoned, opposed, or otherwise fail to satisfy the requirements for registration.

USPTO filing fees are generally processing fees and ordinarily are not refunded simply because an application does not ultimately register. Depending on the problem, an applicant may sometimes be able to respond to a refusal, petition to revive an abandoned application, appeal a final refusal, or pursue another available procedure.

Can I trademark a business name?

Yes, a business name can qualify for trademark protection if consumers recognize it as identifying the source of particular goods or services. Simply registering a business entity or trade name with a state does not automatically create a federal trademark registration.

Whether a business name is protectable depends on factors such as distinctiveness, how the name is used, and whether it conflicts with existing trademark rights.

Can I trademark a logo?

Yes, a logo can qualify for trademark protection if it identifies and distinguishes the source of goods or services. Logos are commonly registered as design marks with the United States Patent and Trademark Office.

The appropriate filing strategy depends on how the logo is used and whether the applicant also wants separate protection for any wording that appears within the design.

Can I trademark a slogan or phrase?

Yes, a slogan or phrase can qualify for trademark protection if consumers perceive it as identifying the source of goods or services. Not every phrase is registrable, however.

A phrase that is merely informational, ornamental, commonly used, or otherwise fails to function as a trademark may be refused registration.

Can I trademark a product name?

Yes, a product name can qualify for trademark protection if it functions as a source identifier rather than merely as the generic name of the product itself.

Distinctive product names may be eligible for protection, while generic terms cannot function as trademarks for the goods they describe. Descriptive product names may also face additional registration requirements.

Can I trademark a service name?

Yes, a name used to identify the source of services can qualify for trademark protection. Marks used in connection with services are technically known as service marks, although the term “trademark” is commonly used to refer to both goods and services.

The name must function as a source identifier and satisfy the other applicable requirements for trademark protection.

Can I trademark a sound?

Yes, certain sounds can qualify for trademark protection if consumers recognize the sound as identifying the source of particular goods or services.

Sound marks are considered nontraditional trademarks and may require applicants to satisfy specialized application, description, and specimen requirements.

Can I trademark a color?

Yes, a color can qualify for trademark protection in certain circumstances if consumers have come to recognize the color as identifying a particular source of goods or services.

Color marks generally are not considered inherently distinctive and often require evidence of acquired distinctiveness. A color also cannot be protected as a trademark if it is functional in connection with the relevant goods or services.

Can I trademark a domain name?

Yes, a domain name can qualify for trademark protection if consumers perceive it as identifying the source of goods or services rather than merely as the address of a website.

Owning or registering a domain name by itself does not create a federal trademark registration. The domain name must function as a trademark and satisfy the applicable requirements for protection.

What makes a trademark strong?

A strong trademark is one that is distinctive and readily identifies a single source of goods or services. Fanciful, arbitrary, and suggestive marks are generally considered stronger because they are inherently distinctive and can be easier to protect.

Descriptive marks are typically weaker because they directly describe characteristics of the goods or services, while generic terms cannot function as trademarks for the goods or services they name. Commercial recognition can also affect the overall strength and scope of trademark rights.

What is a descriptive trademark?

A descriptive trademark directly describes a characteristic, quality, feature, function, purpose, or other attribute of the relevant goods or services. Descriptive marks are generally not considered inherently distinctive.

A descriptive mark may sometimes become protectable if consumers come to recognize it as identifying a particular source, a concept known as acquired distinctiveness or secondary meaning.

What is a generic trademark?

A generic term is the common name for a type or category of goods or services and cannot function as a trademark for those goods or services.

Because generic wording identifies what the product or service is rather than who provides it, generic terms are not eligible for federal trademark protection as source identifiers for the goods or services they name.

What is likelihood of confusion?

Likelihood of confusion is the legal standard used to determine whether consumers are likely to believe that goods or services offered under different trademarks come from the same source or are affiliated, sponsored, or connected.

The analysis considers factors such as the similarity of the marks and the relationship between the goods or services. The trademarks do not have to be identical for a likelihood of confusion to exist. Marks can be considered similar based on appearance, sound, meaning, or overall commercial impression.

Can two businesses use the same trademark?

Yes, in some circumstances two businesses can use the same or similar trademark if the goods, services, markets, and other circumstances are sufficiently different that consumers are unlikely to be confused.

Trademark rights are tied to particular goods or services and marketplace conditions, so identical wording does not automatically mean that two businesses cannot coexist. Whether coexistence is permissible requires a fact-specific likelihood-of-confusion analysis.

Why should I conduct a trademark clearance search?

A trademark clearance search can identify existing trademarks that may create registration or infringement risks before a business invests in filing, branding, or launching under a new mark.

A comprehensive search should generally look beyond exact matches and consider confusingly similar marks, related goods and services, federal applications and registrations, and potentially relevant state and marketplace uses. The USPTO recommends searching for similar marks before filing because doing so can help reduce the risk of a likelihood-of-confusion refusal, opposition, cancellation proceeding, or infringement dispute.

Why might the USPTO refuse a trademark application?

The USPTO may refuse a trademark application if the mark does not satisfy federal registration requirements or if the application contains legal or procedural problems.

Common issues include likelihood of confusion with an existing registered mark, mere descriptiveness, genericness, geographic significance, surname refusals, specimen deficiencies, identification problems, disclaimer requirements, and other statutory or procedural issues. The proper response depends on the specific refusal or requirement raised by the examining attorney.

What is a trademark Office Action?

A trademark Office Action is an official communication from the USPTO identifying legal refusals, procedural requirements, or other issues that must be addressed before an application can proceed.

Some Office Actions involve relatively straightforward matters, such as amendments or disclaimers. Others raise substantive refusals that may require legal argument, supporting evidence, or both.

What should I do if I receive a trademark Office Action?

If you receive a trademark Office Action, review every refusal and requirement carefully and confirm the response deadline stated by the USPTO.

A complete response must address all outstanding issues. Depending on the Office Action, this may involve amending the application, submitting evidence, making legal arguments, clarifying the goods or services, providing an acceptable specimen, or addressing a substantive refusal.

What is a likelihood-of-confusion refusal?

A likelihood-of-confusion refusal occurs when the USPTO determines that an applied-for mark is sufficiently similar to an existing registered mark and that the relevant goods or services are sufficiently related that consumers are likely to be confused.

The marks do not have to be identical, and the goods or services do not have to be the same. The analysis considers factors such as similarity in appearance, sound, meaning, and commercial impression, along with the relationship between the respective goods or services.

What is a descriptiveness refusal?

A descriptiveness refusal occurs when the USPTO determines that a mark merely describes an ingredient, quality, characteristic, function, feature, purpose, or use of the identified goods or services.

Descriptive wording is generally not considered inherently distinctive. Depending on the circumstances, an applicant may respond with legal arguments and evidence, amend to the Supplemental Register when available, or pursue another appropriate strategy.

What happens if I do not respond to an Office Action?

If an applicant does not submit a timely response to an Office Action, the trademark application can become abandoned.

The response deadline depends on the type of Office Action and the applicable USPTO rules. Applicants should carefully review the deadline stated in the Office Action and make sure every refusal and requirement is addressed before the response period expires.

What is trademark infringement?

Trademark infringement generally occurs when someone uses a trademark or a confusingly similar mark in connection with goods or services in a way that is likely to cause consumer confusion about source, sponsorship, affiliation, or approval.

Determining whether infringement exists is fact-specific. Courts may consider factors such as the similarity of the marks, the relatedness of the goods or services, how the parties market and sell their offerings, the strength of the asserted mark, and evidence of actual confusion.

What should I do if someone is using my trademark?

If someone is using your trademark or a confusingly similar mark, first evaluate the scope and priority of your rights and investigate how the other party is using the mark.

Relevant considerations may include who used the mark first, whether either party owns a federal registration, the similarity of the marks, the relationship between the goods or services, geographic use, and marketplace evidence. Depending on the circumstances, possible responses may include monitoring, negotiation, a cease-and-desist letter, a TTAB proceeding, or litigation.

What should I do if I receive a trademark cease-and-desist letter?

If you receive a trademark cease-and-desist letter, review the allegations carefully before responding, admitting liability, or making significant changes to your branding.

Identify the marks involved, the rights claimed by the sender, the parties’ respective uses, and any relevant registrations or applications. Preserve potentially relevant records and evaluate the legal and factual basis of the demand. A cease-and-desist letter is not itself a court judgment, but it can signal a dispute that may escalate if not addressed appropriately.

Can I enforce a trademark that is not federally registered?

Yes, in some circumstances an unregistered trademark can still be enforced because trademark rights may arise through use rather than federal registration alone.

Common-law rights can provide protection against confusingly similar uses, although the geographic scope, presumptions, and available remedies may differ from those associated with a federal registration. Federal law also provides certain protections for qualifying unregistered marks.

What is a trademark opposition?

A trademark opposition is a proceeding before the Trademark Trial and Appeal Board in which a party challenges the federal registration of a pending trademark application after the mark has been published for opposition.

An opposition focuses on whether the applicant is entitled to obtain federal registration. TTAB proceedings follow formal rules governing pleadings, discovery, motions, evidence, and trial, but the Board does not decide trademark infringement claims or award money damages.

What is a trademark cancellation proceeding?

A trademark cancellation proceeding is a TTAB proceeding in which a petitioner asks the Board to cancel an existing federal trademark registration on one or more legally recognized grounds.

The available grounds and legal requirements can depend on factors such as the age and status of the registration and the basis for the challenge. Like an opposition, a cancellation proceeding concerns the right to maintain a federal registration rather than a claim for trademark infringement or monetary damages.

What is the TTAB?

The Trademark Trial and Appeal Board, or TTAB, is an administrative tribunal within the USPTO that decides certain disputes involving federal trademark registration.

The TTAB hears trademark oppositions, cancellation proceedings, certain concurrent-use proceedings, and appeals from refusals to register marks. The Board determines whether a party is entitled to obtain or retain a federal trademark registration, but it does not decide trademark infringement claims, award damages, or issue injunctions stopping trademark use.

Who should own a trademark?

The proper trademark owner is generally the person or legal entity that controls the nature and quality of the goods or services offered under the mark and owns the goodwill associated with it.

Trademark ownership should be determined carefully before filing an application because identifying the wrong applicant can create serious problems and, in some circumstances, may not be correctable after filing.

Can an LLC or corporation own a trademark?

Yes. An LLC, corporation, partnership, individual, or other qualifying legal entity can own a trademark if it is the proper owner of the mark and the associated goodwill.

The entity identified as the trademark owner should accurately reflect who controls and uses the mark in connection with the relevant goods or services.

Can a trademark be transferred to another person or company?

Yes. Trademark rights can generally be transferred to another person or company through a trademark assignment, provided the transfer complies with applicable legal requirements.

Assignments commonly involve the transfer of the trademark together with the associated goodwill. Additional rules may apply to pending applications, particularly certain intent-to-use applications, and assignments may also be recorded with the USPTO to update the public record.

Can I license my trademark to someone else?

Yes. A trademark owner can license another person or company to use the trademark while retaining ownership of the mark.

A trademark license should generally address quality control as well as matters such as the permitted goods or services, manner of use, territory, duration, fees, and termination rights. Maintaining appropriate control over the nature and quality of the licensed goods or services is important to preserving trademark rights.

How long does a federal trademark registration last?

A federal trademark registration can potentially remain active indefinitely as long as the mark continues to satisfy applicable legal requirements and the owner timely files the required maintenance and renewal documents.

For most U.S. registrations, the owner must file a maintenance declaration between the fifth and sixth years after registration, followed by combined maintenance and renewal filings between the ninth and tenth years and every 10 years thereafter.

Do federal trademark registrations need to be renewed?

Yes. Federal trademark registrations require periodic maintenance and renewal filings to remain active.

For most registrations, a Section 8 Declaration of Use or Excusable Nonuse must be filed between the fifth and sixth years after registration. A combined Section 8 Declaration and Section 9 renewal application must then be filed between the ninth and tenth years after registration and every 10 years thereafter. Failure to timely file the required documents can result in cancellation or expiration of the registration.

What happens if I stop using my trademark?

Stopping use of a trademark can affect both trademark rights and a federal registration, particularly if the nonuse continues and there is no intent to resume use.

For a federal registration, the owner generally must continue using the mark in commerce and accurately identify the goods and services for which the mark remains in use when filing maintenance documents. Limited circumstances may support a claim of excusable nonuse, but the USPTO treats those exceptions narrowly.

Does a U.S. trademark registration protect my mark internationally?

No. A U.S. federal trademark registration generally protects a trademark only under U.S. law and does not automatically create trademark rights in other countries.

Trademark rights are territorial, so businesses seeking protection abroad usually need to pursue protection in the countries or regions that are commercially important to them. Depending on the circumstances, this may involve direct national or regional applications or use of the Madrid System.

Can a foreign company register a trademark in the United States?

Yes. A foreign individual or company can apply for U.S. trademark registration if the applicable filing requirements are satisfied.

Foreign-domiciled applicants and registrants generally must be represented before the USPTO by an attorney licensed to practice law in the United States. This requirement also applies in relevant Madrid Protocol proceedings before the USPTO.

Can I apply for trademark protection in multiple countries?

Yes. Trademark owners can seek protection in multiple countries either by filing directly with national or regional trademark offices or, when eligible, by using the Madrid System to seek protection in multiple participating jurisdictions through a centralized filing process.

Trademark protection remains territorial even when the Madrid System is used. Each designated country or region applies its own trademark laws and determines whether protection will be granted there.

What is the Madrid Protocol?

The Madrid Protocol is the treaty that governs the Madrid System, an international trademark filing system administered by the World Intellectual Property Organization (WIPO). The system allows eligible trademark owners to file one international application and seek protection in multiple participating countries or regions.

To use the Madrid System, an applicant generally must have a qualifying connection to a Madrid System member and have already filed or registered a trademark with the relevant national or regional trademark office, known as the Office of origin. Each designated jurisdiction then examines the request for protection under its own trademark laws.