Businesses using or intending to use a name nationwide on their products or services should look into a federal trademark. A United States trademark (which covers goods) and service mark (which covers services) is any word, name, phrase, symbol, logo, design, and sound, which identifies and distinguishes the source of the goods or services from another party’s goods/services. A trademark registered by the USPTO is a title/deed recognizing nationwide ownership.
Federal trademarks have a $335 government filing fee per class of goods/services (clothing, paper goods, etc.) Other legal and government fees are assessed during the issuance and maintenance process and add to the cost of obtaining a trademark or service mark. Payment of 6 year continuous use affidavit and fees and, thereafter ten year renewal fees and use affidavits, can extend a trademark or service mark’s life indefinitely.
Trademarks can be registered by anyone. Trademark owners have the right to prevent another from using any word, name, symbol, or device likely to cause confusion with the trademark owner’s mark. Marks being merely descriptive of the goods or services will not be allowed registration. Courts generally recognize federal trademarks to be supreme over state trademarks and over Internet domain names.
A trademark search is a must. UCF and the Internet offer free trademark searching. However, one cannot rely on free searches because databases are limited. Professional searches should be performed. Anyone claiming ownership of a mark can use “TM” (for a trademark) or “SM” (for a service mark) with the mark. The symbol “®” cannot be used until the mark is registered (approved by the USPTO). The USPTO requires the owner or their attorney to apply.