What are the benefits of federal trademark registration?
Registration on the Principal Register can provide important nationwide legal benefits, including presumptions about ownership and the right to use the mark for the identified goods or services, subject to limitations and prior rights. It also permits use of the ® symbol with the registered mark for the covered goods or services. It is not ownership of a word for every purpose.
How much does trademark work cost?
The cost depends on the scope, number of marks and classes, filing basis, and issues raised. Our flat-fee trademark page describes package options. A written scope should distinguish legal fees, government fees, and potential additional work.
Is a trademark search a guarantee that my mark will register?
No. A search helps assess risk; it cannot guarantee registration or that no one will object. The search scope matters, and the USPTO makes its own examination of the application.
Do I need a trademark if I already own my business name?
A company-name filing and a trademark registration serve different purposes. Use of a name may create common-law rights, but the company filing alone does not establish federal trademark rights or clear the name against other brands.
Can I apply before I start selling?
An intent-to-use application may be available if you have a bona fide intent to use the mark in commerce. After a Notice of Allowance, the initial statement-of-use deadline is six months. Timely requests can provide up to five six-month extensions, subject to requirements and fees, for a maximum of three years from that notice. Filing alone does not complete registration.
What are trademark classes?
The international classification system organizes goods and services into 45 classes. The actual identification of your goods and services matters as much as the class number. Classes affect application scope and fees; choosing a class does not give exclusive rights to every item in it.
How long does registration take?
Timing varies with USPTO processing, the filing basis, examiner questions, oppositions, and any later proof-of-use requirements. We can discuss the stages relevant to your application. No particular registration date or outcome can be promised.
How long does a trademark last?
Trademark rights can continue while the legal requirements are met. U.S. federal registrations require maintenance, generally including a use filing between years five and six and renewal-related filings between years nine and ten and at subsequent ten-year intervals. Requirements differ for some registrations; continued use and timely filings matter.
Can you help protect a brand that is already registered?
Yes. Our practice includes portfolio management, brand-protection strategies, licensing, ownership matters, and enforcement counseling. Tell us about your registrations, current markets, expansion plans, or the specific concern you want to address.
Can a cannabis-related brand obtain trademark protection?
The answer depends on the specific goods or services and applicable law. Federal registration requires lawful use under federal law; state authorization alone does not resolve that requirement. State registration and other protection options may warrant review. See our cannabis business practice.