Frequently Asked Questions

No.

They all protect different kinds of intellectual property from infringement by others. A trademark protects business/brand names, logos or slogans that are linked to some type of goods or services. A copyright protects original work related to art or literature. A patent protects inventions of different types. For example, if you invent a new kind of hair dryer, you would apply for a patent to protect the invention itself. You would apply for a trademark registration to protect the brand name of the hair dryer. And if you plan on airing a TV commercial to market the hair dryer, then registering a copyright would make sense.

Yes.

The USPTO allows one trademark per application. That means one trademark application can only register either a name, a logo or a slogan. A logo trademark application can include text, but then the design and the text together are considered one trademark. You would have to file two applications if you want them protected individually.

After your application is filed, the United States Patent and Trademark Office (USPTO) assigns an attorney to examine the proposed trademark. The registration process takes around 6-8 months if the examining attorney finds no issue with the application. Otherwise, the process can take more than a year. If the trademark is approved, the USPTO will issue either a Certificate of Registration (if application is filed on an in-use basis) or a Notice of Allowance (if application is filed on an intent-to-use basis). There are two main factors that determine whether an application should be approved. The first one being the similarity of existing registered trademark in a related field. Similar marks create likelihood of confusion which results in rejection. The second one being the uniqueness of your anticipated trademark in relation to your product. Marks that are “merely descriptive” are often rejected.

You can start the registration process, but the USPTO will not officially register your trademark until you can show a proof of use of the mark in commerce. Some people get on with their business to see if it’s viable before registering the trademark while others begin the registration process to make sure their business is protected before spending time and money building it.

Yes.

Trademark One Solutions’s filing service starts at $49 plus federal filing fees. At Trademark One Solutions, we take care of your application so that you can focus on other important things that matter to you. Get started today in applying for your trademark through Trademark One Solutions.

Oftentimes no. However, if the other mark is linked to different products or services, it might be possible because there would be fewer chance of confusion between existing and potential customers.

For example, Domino Sugar and Domino Pizza coexist because they both sell different products to prevent confusion between consumers.

Normally, it takes around six to nine months if you’re already using your mark in commerce.

The USPTO will either approve, ask for additional information, or send a non-final rejection as an Office action that requires a response within 6 months.

To apply for a trademark, you must provide the following details:

The applicant’s name; A name and address for correspondence; A depiction of the mark; A statement that the mark is in use in commerce; A listing of the goods or services; The federal filing fee; and A specimen, the application is being filed on an in-use basis.

In-use basis: If you are basing your trademark application on “current use”, you must declare that the mark is in use in commerce, listing the date of first use of the mark anywhere and the date of first use of the mark in commerce. The specimen of goods should display the mark on the goods/products, and the specimen of services should be used or displayed in the sales or advertising of the services.

Intent-to-use basis: You may file your application on an intent-to-us basis if you have not yet used the mark in commerce, but plan to do so in the future. You can begin the filing process before using the mark. You must declare that you have a bona fide intention to use the mark in commerce.

No, you will not receive a refund as we cannot anticipate all forms of rejections from the government or third parties. However, you can respond to the rejection/office action with the help of a trademark attorney.