FAQS

A trademark is any word, phrase, symbol, design, or combination that identifies your goods or services.

A service mark is a trademark that identifies a service rather than a product.

The terms “trademark” and “mark” refer to both trademarks and service marks.

Trademark rights prevent others from using a confusingly similar mark but do not prevent others from making the same goods or from selling the same goods or services under a clearly different mark. Trademarks used in interstate or foreign commerce can register with the USPTO.

If your primary residence is in the US, in the United States, you do not require an attorney to represent you before the USPTO. 

If you are a foreign-domiciled trademark applicant or registrant, you MUST have a U.S.-licensed attorney represent you.

While you may not be required to hire an attorney, in the long run, hiring an attorney may save you money because an attorney will have the knowledge necessary to advise you on your trademark’s registrability, prepare your application, and respond to the USPTO on various issues that might arise throughout the process.

Benefits of hiring an attorney include:

• Providing crucial legal advice about your trademark.
• Conducting your trademark clearance search before you apply.
• Preparing your application accurately.
• Responding to legal correspondence from the USPTO.
• Enforcing and maintaining your trademark rights.
• Representing you at the USPTO’s Trademark Trial and Appeal Board.
• Shielding you from fraudulent solicitations.

A trademark represents the specific goods or services sold to customers with that trademark. You can’t register a word, phrase, symbol, or design as a trademark without identifying the goods or services used. A trademark isn’t limited to one good or service. It can be used with many different goods or services and include both goods and services.

If your customers are purchasing products from you, you have goods. If it’s activities, you have services. By being specific about the goods or services your trademark represents in your registration, you can identify the scope of use. Your trademark will allow you to legally prevent others from using the same or a similar trademark for related goods or services without your permission.

Applying for more goods or services than you currently use, or intend to use, is likely to cause your application to fail. The USPTO will investigate whether you have accurately identified your goods or services.

USPTO will investigate whether you have accurately identified your goods or services.