Once you’ve selected a name and/or logo for your company, you can use a trademark or service mark to protect your business interests by regulating the use of your brand name. Both trademarks and service marks identify and distinguish anything that can be characterized by any combination of words, phrases, symbols, and designs; however, trademarks distinguish the source of goods while service marks refer to the source of services. Typically, the term “trademark” is used to refer to both types of marks. Putting a trademark (the “™” symbol) next to your logo distinguishes it from all other logos, and also shows that you are willing to prosecute any trademark violators.
While the U.S. Patent and Trademark Office doesn’t require you to register your trademark
(going from ™ to ®), registering your name is beneficial because it allows you to:
- notify the public of your claim
- establish legal presumption of your ownership of the mark and corresponding exclusive rights
- take legal action with regards to the mark in federal court
- use the registration to get further registration in other countries
- list your mark in the U.S. Patent and Trademark Office database
- record your U.S. registration with the U.S. Customs and Border Protection Service to prevent imports of infringing goods
Completing a
Trademark Application Worksheet can help you get organized before you apply for a registered trademark with the USPTO.
Get started Need a Trademark? We can help. Just answer a few simple questions.
Get started Need a Trademark? We can help. Just answer a few simple questions.
This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.
