How to Get Something Trademarked | Lovie — US Company Formation

Protecting your brand is crucial for long-term business success. A trademark grants you exclusive rights to use a specific mark—like a name, logo, or slogan—for your goods or services. This prevents competitors from using confusingly similar marks, which can dilute your brand and mislead consumers. Understanding the process of how to get something trademarked is essential, whether you're a startup in Delaware or an established business in California. This guide will walk you through the steps involved in obtaining a federal trademark registration with the United States Patent and Trademark Office (USPTO). While state-level protections exist, a federal trademark offers broader coverage across all 50 states, providing a robust shield for your intellectual property. The process can seem complex, but by breaking it down into manageable steps, you can effectively secure your brand's future. Lovie specializes in helping entrepreneurs establish their businesses, including the foundational steps of protecting their brand. While we focus on company formation like LLCs and Corporations, understanding trademarks is a vital part of building a strong business identity. We'll explore how trademarking complements your business structure and legal foundation, ensuring your brand is as solid as your company's legal standing.

Understanding Trademark Basics: What Can Be Trademarked?

Before diving into the application process, it's important to understand what constitutes a trademark and what types of marks can be registered. A trademark is any word, phrase, symbol, design, or a combination thereof that identifies and distinguishes the source of the goods or services of one party from those of others. This can include brand names (e.g., Lovie), logos (e.g., Lovie's logo), slogans (e.g., 'Form Your Business with Ease'), and even sounds or colors if they function as source ide

Trademarks protect brand names, logos, slogans, and other source identifiers.
Federal registration with the USPTO offers nationwide protection.
Choose strong, distinctive marks for better registrability and protection.
Understand the difference between trademarks, copyrights, and patents.

Conducting a Thorough Trademark Search

One of the most critical steps before filing a trademark application is to conduct a comprehensive trademark search. The USPTO will refuse registration if your mark is confusingly similar to an existing registered mark or a mark that is in use but not yet registered (a prior pending application). Failing to conduct a proper search can lead to the denial of your application, wasted filing fees, and potential legal disputes. The primary tool for searching federal trademarks is the USPTO's online

Search the USPTO's TESS database for existing federal trademarks.
Consider variations in spelling, sound, and meaning of your mark.
Look for state trademarks and unregistered (common law) uses.
A professional search can identify potential conflicts more effectively.

Filing a Federal Trademark Application with the USPTO

Once you've conducted a satisfactory search and are confident your mark is available, the next step is to file a federal trademark application with the USPTO. The application is filed electronically through the Trademark Electronic Application System (TEAS). There are two primary application forms: TEAS Plus and TEAS Standard. TEAS Plus generally has a lower filing fee ($250 per class of goods/services as of early 2024, subject to change) but requires you to meet more stringent filing requiremen

Use the USPTO's TEAS system to file electronically.
Choose between TEAS Plus (lower fee, stricter requirements) and TEAS Standard (higher fee, more flexibility).
Specify your mark, goods/services, and filing basis (use in commerce or intent to use).
Pay fees per class of goods/services.

Post-Filing Examination, Publication, and Registration

After you submit your trademark application and it passes initial screening, it enters the examination phase. An examining attorney at the USPTO will review your application for substantive issues, such as likelihood of confusion with existing marks or descriptiveness. This review process typically takes about 3-6 months from the filing date. If the examiner finds any issues, they will issue an 'Office Action' letter detailing the problems. You will have a limited time, usually six months, to re

An examining attorney reviews your application for legal compliance and conflicts.
Approved marks are published for a 30-day opposition period.
Registration is granted after the opposition period (or after filing Statement of Use for ITU applications).
Regular maintenance filings are required to keep the registration active.

Alternatives to Federal Registration and Related Protections

While federal registration with the USPTO offers the most robust protection for your brand, it's not the only option, and other intellectual property rights are important to consider. For businesses operating exclusively within a single state, a state trademark registration might be sufficient and is generally less expensive and complex than federal registration. Each state has its own process for trademarking, often managed by the Secretary of State's office. For example, a business forming an

State trademark registration offers limited, in-state protection.
Federal registration is recommended for businesses operating nationwide.
Copyrights protect creative works, while patents protect inventions.
Common law rights exist but are geographically limited and harder to enforce.

Maintaining Your Trademark Rights Post-Registration

Obtaining a federal trademark registration is a significant achievement, but it's not the end of the journey. To maintain your exclusive rights, you must actively use your mark in commerce and file required maintenance documents with the USPTO. The USPTO requires declarations of continued use to ensure that registered marks are still being actively used by their owners. This prevents the trademark register from becoming cluttered with marks that are no longer in use, which could block legitimate

File a Declaration of Use between years 5 and 6 after registration.
File subsequent Declarations of Use and Renewals every 10 years.
Provide proof of current use in commerce with maintenance filings.
Actively monitor for and address infringing uses of your mark.

Frequently Asked Questions

How long does it take to get a trademark?: The process typically takes 6-12 months from filing to registration if there are no complications. It can take longer if the USPTO issues an Office Action or if an opposition is filed.
Can I use a trademark symbol before registration?: Yes, you can use the ™ symbol for trademarks (or SM for service marks) to indicate you claim rights, even before federal registration. However, you can only use the ® symbol after your mark is federally registered with the USPTO.
What is the difference between a federal and state trademark?: A federal trademark registered with the USPTO provides protection nationwide. A state trademark is only protected within the borders of the specific state where it is registered.
How much does it cost to trademark something?: USPTO filing fees range from $250 to $350 per class of goods/services for initial applications, depending on the TEAS form used. Additional fees apply for extensions and maintenance filings.
What happens if my trademark application is rejected?: If your application is rejected (an 'Office Action'), you will receive a letter explaining the reasons. You have a set period, usually six months, to respond and attempt to overcome the objections.

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