Trademarks

What is a trademark?

The term "trademark" is often used to refer to any of the four types of marks that can be registered with the USPTO. The two primary types of marks that can be registered with the USPTO are:

Trademarks - used by their owners to identify goods, that is, physical commodities, which may be natural, manufactured, or produced, and which are sold or otherwise transported or distributed via interstate commerce.

Service marks - used by their owners to identify services, that is, intangible activities, which are performed by one person for the benefit of a person or persons other than himself, either for pay or otherwise.

There are other types of marks that can be registered in the USPTO, but they occur infrequently and have some different requirements for registration than the more commonly applied for trademarks and service marks. They are:

Certification marks
Collective marks

Collective trademarks and collective service marks

Collective membership marks

PLEASE NOTE: Since the benefits conferred by registration are essentially the same for all types of marks, the term "trademark" is often used in general information that applies to service marks, certification marks, and collective marks as well as to true trademarks (marks used on goods) as defined above.

Why should I obtain a trademark?

Here are some specific benefits of having a federally registered trademark:

Constructive notice nationwide of the trademark owner's claim.
Evidence of ownership of the trademark.
Jurisdiction of federal courts may be invoked.
Registration can be used as a basis for obtaining registration in foreign countries.
Registration may be filed with U.S. Customs Service to prevent importation of infringing foreign goods.

How do I register my trademark?

Submitting an application with the U.S. Patent and Trademark Office (USPTO) starts the process. Merely submitting an application does not guarantee registration.

What do I need to include in my trademark application?

A completed application form submitted in hard copy or electronically via the USPTO website.
The appropriate fee.
A drawing of the mark to be registered - this is true even if the mark is just an unstylized word.
Specimens of use of the mark if the application is based on actual use in commerce.

Paper applications and any accompanying communications or material should be addressed to:

Assistant Commissioner for Trademarks
Box New App/Fee
2900 Crystal Drive
Arlington, VA 22202-3513.

How much does it cost to apply for a trademark registration?

The minimum cost for applying for registration of a trademark is $335 for a single class. Additional costs may be incurred if the application is filed for goods or services that are in more than one international classification. Once a trademark registration is obtained, an affidavit of continued use must be submitted between the 5th and 6th anniversaries of the registration date at a cost of $100 per class. Also, an application at the cost of $400 per class must be submitted by every 10th anniversary of the registration date in order to renew a registration on the federal trademark register. At the same time as a renewal application is filed, an affidavit of continued use must also be filed at a cost of $100 per class or the registration will be cancelled. The life of a trademark registration is unlimited as long as the proper maintenance documents are accurately and timely filed and the mark remains in use in commerce.

For more information, please visit the UPSTO website at: http://www.uspto.gov/main/trademarks.htm