How to get a trademark

I found a trademark similar to mine. Can I still register it?

Oftentimes no, because it could create confusion.

But if the other mark is used for different products or services, it might be possible because consumers may not be confused about who sells what.

Take the Delta trademark. Delta Dental, Delta Air Lines, and Delta Faucet Company coexist because the products are different enough to prevent consumer confusion.

Do I need to register my business name and logo separately?

The USPTO allows one trademark—that’s one name, one logo, or one slogan—per application.

You can register a logo that includes text, but then the design and the text together are considered one trademark. Want them protected individually? You’d need to file two applications.

What’s the difference between a basic and a comprehensive search?

How many trademark classes do I need to register in?

It depends on what you sell.

The USPTO puts all products and services into 45 classes. Own a restaurant? You provide a service in class 43 (food services). Also sell cookbooks and teach cooking at the restaurant? You may want to register in class 16 (paper goods) and class 41 (education and entertainment services) too.

Usually, your trademark protection is limited to the classes listed in your application.

How long will it take to register my trademark?

Ideally, six to nine months if you’re using your mark in commerce.

The USPTO will review your application within a few months, and then either send an Office action with questions or concerns, or approve your trademark for publication. If published and there are no objections by the public within 30 days, your mark is officially registered.

If you’re not yet using your mark in commerce, it can take longer. After making it through the previous steps, the USPTO will grant a Notice of Allowance—which says they’ll register your mark once you provide proof of use in commerce through a Statement of Use. Once that’s submitted and approved, your mark is officially registered.

Is there a chance my trademark could get rejected?

The USPTOs examining attorney might reject your mark if there’s a chance consumers could confuse it with another trademark (i.e. if your mark sounds like or looks like another mark in a similar industry).

How to start your trademark registration

  1. Tell us about your mark
  2. We’ll research it and report back
  3. We’ll complete and file your paperwork When you give us the green light, we’ll e-file with the United States Patent and Trademark Office (USPTO)—and you’ll get a decision in typically three to six months.

How to get a trademark

Two ways to register a trademark

Do it yourself

$249 + federal filing fees *

  • Walk yourself through the process with our step-by-step guide
  • Get a basic search to see if your mark’s up for grabs
  • We’ll complete, proofread, and e-file your application

Let an attorney take the lead

How to get a trademark

$599 + federal fees (charged upon filing) **

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If your first mark gets rejected, we’ll cover our $599 fee to register a different mark ‡

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^ Based on the AIPLA Report of the Economic Survey 2019, IP attorneys in the U.S. charge an average of $2445 for trademark clearance and filing.

* Consists of the government discounted TEAS Standard electronic filing fee of $350. If the stricter “TEAS Plus” system can be used for your application, LegalZoom will use this system. The TEAS Plus system streamlines the U.S. Patent and Trademark Office (USPTO) review process and has a lower filing fee of $250, but requires additional LegalZoom labor to process. If we are able to use the TEAS Plus system for your application, LegalZoom will still charge $350, of which $250 will be allocated to the USPTO fee and $100 to a LegalZoom processing fee. The USPTO may later charge a $100 fee should you choose not to communicate with them electronically or otherwise meet the requirements of the discounted TEAS Standard or TEAS Plus filing fees.

** USPTO filing fee of $350 [for Trademark Electronic Application System (TEAS) Standard] or $250 (for TEAS Plus qualifying applications) per class will be charged before we file your application.

† Based on filing two applications, each having an independent 75% probability of registration because 75% of applications that have reached final disposition (registration, rejection, or withdrawal) at the USPTO have registered as of March 19, 2020.

‡ Your application is rejected only if the USPTO issues a final refusal. Limit one waived $599 fee for a different mark per order. The waiver is for LegalZoom’s fees only and does not include filing fees.

Trademark or brand

A brand is a marketing concept that encompasses how people feel about your product or service. Customers associate certain elements with different brands, such as reputation, image, and emotion. For example, a certain brand might have been developed to encourage you to feel confident, calm, or secure.

On the other hand, a federal trademark registration can provide nationwide legal protection for your brand in connection with particular goods or services. It is your choice whether to protect your brand under trademark law. Many business owners choose to protect their brand names for their main or dominant goods or services. You might also choose to protect a slogan or logo for those goods or services, if you have one.

Deciding what you want to protect and to what extent is up to you. You can have a brand, but decide not to protect that brand by registering it as a trademark. If you choose not to register your brand as a trademark, however, anyone could misuse your brand or create a brand so similar to yours that people can’t tell the difference between them. So, even if consumers want to purchase your products or services because they trust your brand’s reputation, that customer might purchase someone else’s by mistake because they can’t tell the difference between the trademarks.

Goods

Services

Memberships

CONTEXT IQ

Filed: December 15, 2021
Computer software
Owned by: Microsoft Corporation
Serial Number: 97173736

Image Trademark

Filed: December 14, 2021
Automobiles and their parts and fittings
Owned by: TOYOTA JIDOSHA KABUSHIKI KAISHA
Serial Number: 97171822

MICROSOFT SENTINEL

Filed: December 13, 2021
Computer security software, namely, downloadable computer software for security information and event management (SIEM)…
Owned by: Microsoft Corporation
Serial Number: 97169618

D.E.E.P. DEALER ENVIRONMENTAL EXCELLENCE PROGRAM

Filed: December 7, 2021
Providing dealership incentive award program to recognize and promote environmental sustainability in the automotive industry…
Owned by: Toyota Motor North America, Inc.
Serial Number: 97159431

LET’S MAKE A BETTER PLANET

Filed: December 7, 2021
Promoting public awareness of environmental issues and initiatives, Consumer product information relating to the impact…
Owned by: Toyota Motor North America, Inc.
Serial Number: 97159443

HALO: THE ENDLESS

Filed: December 3, 2021
downloadable game software; computer game software; video game software; computer game software for use with personal computers…
Owned by: Microsoft Corporation
Serial Number: 97155366

THE ENDLESS

Filed: December 3, 2021
downloadable game software; computer game software; video game software; computer game software for use with personal computers…
Owned by: Microsoft Corporation
Serial Number: 97155556

THE ENDLESS

Filed: December 3, 2021
publications, namely, a series of fiction books, strategy guides in the field of science fiction, games and entertainment…
Owned by: Microsoft Corporation
Serial Number: 97155691

KUBESCALE

Filed: November 24, 2021
Downloadable computer software for administering information technology resources over a network
Owned by: Twitter, Inc.
Serial Number: 97142185

Filed: November 18, 2021
software; computer software; recorded game software; video game software; computer programs; downloadable game software;…
Owned by: Microsoft Corporation
Serial Number: 97132229

Filed: November 18, 2021
automobiles and structural parts thereof
Owned by: TOYOTA JIDOSHA KABUSHIKI KAISHA
Serial Number: 97132565

MICROSOFT START

Filed: November 16, 2021
Downloadable and recorded computer software for accessing the internet, computer networks, and global communication networks…
Owned by: Microsoft Corporation
Serial Number: 97127742

Image Trademark

Filed: November 2, 2021
Computer software for the collection and analysis of business data and business productivity information; downloadable computer…
Owned by: Microsoft Corporation
Serial Number: 97104418

Image Trademark

Filed: November 2, 2021
Computer software for the collection and analysis of business data and business productivity information; downloadable computer…
Owned by: Microsoft Corporation
Serial Number: 97104483

MICROSOFT LOOP

Filed: November 1, 2021
collaboration software; collaboration software platforms; collaboration management software platforms
Owned by: Microsoft Corporation
Serial Number: 97103239

Filed: October 28, 2021
Downloadable software in the nature of a mobile application; Computer hardware; Downloadable software for social networking…
Owned by: Facebook, Inc.
Serial Number: 97097363

Image Trademark

Filed: October 27, 2021
Computer software; Computer software for virtual desktop platform and server applications; computer software for accessing…
Owned by: Microsoft Corporation
Serial Number: 97094500

AT&T DATACONNECT

Filed: October 20, 2021
Telecommunications services, namely, data and messaging service plans
Owned by: AT&T INTELLECTUAL PROPERTY II, L.P.
Serial Number: 97082985

DEALERSOURCE

Filed: October 5, 2021
Business management services, namely, assisting automotive dealers in managing the end of lease turn-in process for off-…
Owned by: General Motors Financial Company, Inc.
Serial Number: 97060475

FLIPGRID

Filed: September 20, 2021
software
Owned by: Microsoft Corporation
Serial Number: 97035943

VINTRAK

Filed: September 20, 2021
Downloadable computer application software for mobile phones or other mobile devices, namely, software for use in vehicle…
Owned by: Toyota Motor Credit Corporation
Serial Number: 97036637

AT&T DYNAMIC EXCHANGE

Filed: September 17, 2021
Providing secure cloud Infrastructure as a Service (IaaS); and secure network-enabled cloud services, namely, integrated…
Owned by: AT&T INTELLECTUAL PROPERTY II, L.P.
Serial Number: 97033222

TOYOTA GUARDIAN

Filed: September 17, 2021
Motor vehicle adaptive cruise control devices; electronic controllers for motor vehicle braking; motor vehicle cameras and…
Owned by: TOYOTA JIDOSHA KABUSHIKI KAISHA
Serial Number: 97032317

Filed: September 9, 2021
Downloadable computer software and mobile software applications for data storage and backup, database management, virtualization…
Owned by: Microsoft Corporation
Serial Number: 97019759

Filed: September 9, 2021
Downloadable computer software and mobile software applications for data storage and backup, database management, virtualization…
Owned by: Microsoft Corporation
Serial Number: 97019766

Check to see if your trademark is already being used.

Fill out our simple questionnaire to begin the registration process.

Your application will be filed with the U.S. Patent and Trademark Office (USPTO).

Trademark Searches

Know before you file. Make sure your mark is not being used.

  • Avoid wasting time and money
  • Domestic and International searches
  • Comprehensive custom PDF report

Trademark Registration

Register your trademark online in as little as 7 minutes.

  • Quick and easy questionnaire
  • Entire process completed online
  • Full customer support
  • Review and confirm before filing
  • 24/7 secure online access

Trademark Monitoring

Get continued protection through active, comprehensive monitoring

  • Get notified about infringement
  • Ongoing comprehensive search
  • Receive detailed monthly reports

Awesome! Customer service was great 🙂

This was extremely easy. I should have filed years ago!

I just filed two applications and had immediate replies to my questions via email and live chat with Sky and Dave. I am very please with Trademark Engine and plan to recommend the company.

The individual that provided detailed information was very helpful, which made applying for a Trademark registration very easy. It was nice to talk to a real person about it.

The term “trademark” means any word, name, symbol or device or any combination thereof used by a person to identify and distinguish the goods of such person, including a unique product, from those manufactured and sold by others, and to indicate the source of goods, even if the source is unknown. Registration of trademarks are made to show ownership of the mark and to provide protection to the mark itself. Each mark must be reviewed to determine if it so resembles a previously registered mark as not to cause confusion, mistake or deception.

  • Duration is 10 Years for a registered trademark
  • For statutory provisions: NYS General Business Law, Article 24

How to File

  • File an Application to Register a Trademark
  • The application must be on a current form supplied by the Department of State and be completed in the English language and plainly written or typed. If the mark or any part thereof is not in the English language, it must be accompanied by a sworn, notarized, translation.
  • The application must be accompanied by:
    • Three specimens (examples) showing the mark as actually used. A specimen for a mark used on goods shows the mark as it appears on the actual goods, labeling, or packaging for the goods. For example, a specimen may be a tag or label displaying the mark, or a photograph showing the mark on the good itself. Showing a display of the mark alone is not sufficient; the specimen must show the mark on or in direct connection with the goods. Invoices, announcements, order forms, leaflets, brochures, publicity releases, letterhead, and business cards are generally not acceptable forms of specimens for goods.
    • Please do not include any actual goods with your application. Note that specimens may not be larger than 8.5” x 11”.
    • New York State Department of State, State Records, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231-0001.

    Instructions

    Please refer to the instruction sheet for completion of items 1 through 9 of the form.

    $50 filing fee for each classification claimed for registration.

    • Personal Checks, Postal Money Orders and Cashier’s Checks are accepted. Make payable to the NYS Department of State. Checks over $500 must be certified.

    Common Denial Reasons

    • insufficient information
    • incorrect information and/or fees
    • same or similar mark already filed

    Renew

    File an Application for Renewal of Trademark/Service Mark within six months prior to the expiration.

    Federal Registration Requirements

    Federal registration may be obtained by contacting the United States Patent and Trademark Office at 800-786-9199.

    Contact Division of Corporations, State Records and Uniform Commercial Code

    Contact the Division of Corporations, State Records, and Uniform Commercial Code

    What’s Copyright?

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    What’s a Trademark?

    A trademark is any word, name, symbol, or design, or any combination thereof, used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another and to indicate the source of the goods. See 15 U.S.C. § 1127.

    Overview

    Trademarks are generally words, phrases, logos and symbols used by producers to identify their goods. However, shapes, sounds, fragrances and colors may also be registered as trademarks. See Qualitex v. Jacobsen Products Co., Inc., 514 U.S. 159 (1995). In recent years, trademark law has expanded to include trade dress and antidilution protection. Almost any word, name, symbol, or device capable of distinguishing the source of goods may be used as a trademark subject to few limitations. However, a mark’s eligibility for trademark protection may be limited by application of the functionality doctrine, and a mark may be denied registration if it falls within any of the categories listed under 15 U.S.C. § 1052.

    Use in Commerce and Distinctiveness

    Two basic requirements must be met for a mark to be eligible for trademark protection: it must be in use in commerce and it must be distinctive.

    The first requirement, that a mark be used in commerce, arises because trademark law is constitutionally grounded in the congressional power to regulate interstate commerce. See Commerce Clause. The Lanham Act defines a trademark as a mark used in commerce, or registered with a bona fide intent to use it in commerce. See 15 U.S.C. § 1127. If a mark is not in use in commerce at the time the application for registration is filed, registration may still be permitted if the applicant establishes, in writing, a good faith intent to use the mark in commerce at a future date. See 15 U.S.C. § 1051. Both at common law and under traditional Lanham Act registration procedures, exclusive rights to a trademark are awarded to the first to use it in commerce.

    The second requirement, that a mark be distinctive, addresses a trademark’s capacity for identifying and distinguishing particular goods as emanating from one producer or source and not another. Trademarks are traditionally divided into four categories of distinctiveness: arbitrary/fanciful, suggestive, descriptive, and generic. See Zatarain’s, Inc. v. Oak Grove Smoke House, Inc., 698 F.2d 786 (5th Cir. 1983). If a mark is categorized as either arbitrary/fanciful or suggestive, it is considered to be inherently distinctive and exclusive rights to the mark are determined solely by priority of use. A trademark that is categorized as descriptive is only protectable as a trademark if it has acquired a secondary meaning in the minds of the consuming public. Secondary meaning is also necessary to establish trademark protection for a personal name or a geographic term. Generic terms are never eligible for trademark protection because they refer to a general class of products rather than indicating a unique source. A mark may be generic ab initio and refused registration, or it may become generic over time through use.

    Trademark Registration

    The Lanham Act provides federal protection for distinctive marks that are used in commerce. See 15 U.S.C. §§ 1051 et seq. Federal protection for unregistered marks is generally available under 15 U.S.C. § 1125(a), which creates a civil cause of action for claims of false designation of origin and false advertising. Although registration is not a prerequisite to federal trademark protection, registered marks enjoy significant advantages over unregistered marks including: registration serves as nationwide constructive notice of ownership and use of the mark under 15 U.S.C. § 1072; and a registered mark may achieve incontestable status after five years of continuous use under 15 U.S.C. § 1065, which enhances the owner’s rights by eliminating a number of defenses to claims of infringement.

    Unregistered trademarks may also be protected at the state level by statute and/or common law. Under state common law, trademarks are protected as part of the law of unfair competition. State statutes vary, but most states have either adopted a version of the Model Trademark Bill (MTB), which provides for trademark registration, or the Uniform Deceptive Trade Practices Act (UDTPA), which does not.

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    Example

    Discussion

    To find content in a web page, the Chrome browser’s ‘Inspect Element’ can be a useful tool. Using the browser, right click on a page element to see the tags, ids and classes applied to an element as shown.

    In this example we retrieve the latest version of Node-RED from https://nodered.org. Using the inspector we can see the version is located in a tag with the class node-red-latest-version .

    The HTML node can be configured with the CSS selector .node-red-latest-version to return a message for each matching element.

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    Use the Certified Copy Center to custom order Patent and Trademark documents from the U.S. Patent and Trademark Office (USPTO). Visit our frequently asked questions (FAQs) for additional information.

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    Note: Copies of patent related documents that have not been issued or published are not available to the general public or open for public inspection; and no information or copies may be obtained without the written consent of the applicant, attorney of record, or the assignee. Documented entitlement or a power to inspect must accompany your request. During the order process you will have the opportunity to upload documentation that will be used for entitlement verification.

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