McIlvaine Law Firm » What is a Trademark?

What is a Trademark?

A trademark is any name, logo, slogan, symbol, or any device by which you identify yourself as the source of your products or services that you sell. Unlike a general description of the products or services you sell, your trademarks are what identify you specifically and no one else.

Adopting a trademark incurs printing costs, promotional costs such as advertising, and production costs if you sell a product. It is strongly advisable that, before you incur all of these costs, you make sure that your proposed trademark (or a similar one) is not already in use.

After you have determined if your trademark is free and clear for you to use, you will want to register your trademark so as to secure your exclusive right to its use. Federal Trademark registration takes an average of 9-12 months, but if approved your Trademark will date back to when you first filed your registration application.

Trademark registration is not automatic! It is not a simple form that you can file and forget. Rather, it is an ongoing process that will require attention. More likely than not, you will be required to respond to what are called Office Actions and Non-Final Rejections. Failure to do so will result in the abandonment of your registration, including your filing fee. Only an attorney knowledgable in Trademark law will be able to help you respond to these actions in the manner that the Patent and Trademark Office is looking for, so it is best to include an attorney in your trademark process as early as possible.

Before you spend any money on adopting a trademark for use, contact me first and I will help you figure out if you can or should attempt to register your trademark and handle the process of registration for you without you getting sued.


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