Frequently Asked Questions About Trademark Law
- What is a trademark?
- What is the difference between a copyright and a trademark?
- How to get a trademark
- How long does a trademark last?
- How much does a trademark cost?
- How long does it take to register a trademark?
- Why register a trademark?
What is a trademark?
A trademark is a word or symbol or combination of both that serves to identify the source of a particular good or service.
What is the difference between a copyright and a trademark?
A trademark is a word or symbol or combination of both that signifies or identifies a particular company or individual as the source of that good or service. Think of a trademark in terms of a brand. A copyright refers to rights an individual or company receives upon creating written works such as books, e-books, blogs, lyrics, original website content, articles, music or even software or dance choreography. Trademarks are often words or logos and copyrights are commonly written works.
How to get a trademark
Once a party has searched the federal, state and/or common law records and is confident that he or she is the first to use the mark in connection with his or her particular goods, he or she may file a trademark application online at the U.S. Patent & Trademark Office site. While individuals may file applications themselves, many times it is a good idea to work with a trademark attorney on the searching and filing because he or she can also help with answering future communications from the Trademark Office such as Office Actions, Statements of Use and/or Oppositions.
How long does a trademark last?
Trademark rights are based upon use. Therefore, a party who uses a trademark in connection with their goods or services before others has "priority" over others who may later choose to use the same or similar mark with the same or similar goods or services. The trademark owner owns rights in the mark for as long as the owner continuously uses it in connection with his or her goods or services and does not abandon use of the mark. If the owner has obtained a trademark registration with the United States Patent & Trademark Office, then certain deadlines must be met in order to keep the registration active. For instance, a Statement of Continued Use must be filed between the fifth and sixth year anniversaries of the registration date. Further, the registration must be renewed every ten years.
How much does a trademark cost?
The government application fee is generally $325.00. This does not include the costs of an attorney to help with searching, filing, and responding to Office Actions and other communications by the U.S. Patent & Trademark Office. While attorney rates and services vary significantly, one may expect to pay approximately $ 2000-$3000 from start to finish.
How long does it take to register a trademark?
The U.S. Trademark Office is backlogged. The process from filing the application to registration may take up to 2 years or more. However, trademark rights begin upon a party's first use of the mark in commerce. Therefore, rights are acquired and strengthened by use of the mark.
Why register a trademark?
If trademark rights are based upon use, why bother to apply? This is a very common question and has a simple answer. Federal trademark owners are deemed by courts to have the right to use the mark in commerce over all other parties, unless the opposing party proves otherwise. Additionally, the trademark owner, if successful in enforcing his or her mark in court, may avail itself of certain statutory damages and attorneys fees.