WHAT PROTECTION DOES IT PROVIDE?

SUMMARY
THE BREADTH OF A TRADEMARK
You can register a Trademark on many things associated with your company and its products or services, including:

Names, logos, slogans
Aesthetic designs, colors, and packaging
Sounds, scents
THE EXCLUSIVITY EFFECT
Once registered, you have exclusive use of your mark in your field. You can then stop others from using the same or similar mark in your market.
THE PROSPECTIVE VALUE
A Trademark Registration can become a very valuable asset as its reputation and recognition grows.
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WHAT YOU NEED TO KNOW
INTERSTATE COMMERCE MANDATE
You must use the mark in interstate commerce (sell your goods or services in more than one state) to obtain and keep a Federal Trademark registration. E-commerce qualifies.
AN ‘INTENT TO USE’ APPLICATION
If you are not using the mark but you intend to, you can file an ‘Intent to Use’ application. Once allowed, you have up to three years to show use (but extensions must be filed every six months).
THE LIMITS TO TRADEMARK REGISTRATION
You cannot register a mark that is generic, merely descriptive of your goods or services, or one that is deemed to be confusingly similar to another registered mark.
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ALSO SEE

USPTO TRADEMARK

TRADEMARK SEARCH

FREQUENTLY ASKED QUESTIONS

DOES MY U.S. TRADEMARK PROTECT MY MARK INTERNATIONALLY?

Not typically. Each country has its own laws relating to the protection of intellectual property. While many nations are part of international treaties and cooperation agreements, actual registration and enforcement still rests with each individual country. While a U.S. Trademark registration may be helpful in protecting against infringers overseas in certain circumstances, it is best to actually register your mark in every country in which you do business.

WHEN DO I NEED TO REGISTER MY TRADEMARK INTERNATIONALLY?

If you plan to do business in other countries, you should make sure that your brand is protected there (just as it should be protected in the U.S.). If you are planning to expand to other countries with your products or services, you need to consider expanding your Trademark protection to those countries.

IS THERE A DEADLINE FOR FILING MY TRADEMARK REGISTRATION INTERNATIONALLY?

Typically no. You can file at any time. If you are using the Madrid System, and you are basing the international application on your new U.S. application, you should file within 6 months. If you file the international application within 6 months of your U.S. application, you preserve your earlier U.S. filing date.

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