Trademark FAQs

What is a trademark or service mark?

A trademark identifies the source of goods; a service mark identifies the source of services. The word trademark is often used to cover both. Names, logos, and slogans are familiar examples when they function as source identifiers. See business names and logos.

Does registering my business name give me trademark rights?

A company, DBA, or domain registration is not a federal trademark registration and does not resolve conflicts with earlier users. Trademark rights depend on the relevant use and law. A clearance search helps assess risk before a launch.

Should I register my name, my logo, or both?

That depends on what customers recognize and how the brand is used. Wording and a particular design can warrant separate filings. Compare the options in our name and logo guide.

Can I file before my business launches?

A Section 1(b) filing may be available when you have a bona fide intent to use the mark in commerce. Proof of qualifying use is required before registration under that basis. Our intent-to-use guide explains the later steps.

How much does trademark registration cost?

As of October 10, 2026, the USPTO lists a base application fee of $350 per class for applications under Sections 1 and 44. Additional fees can apply, including for custom goods/services descriptions or for certain application deficiencies. Search and attorney fees are separate, as are possible later use filings, responses, and maintenance.

For example, two classes for one mark have a base $700 government application fee before any additional charges. This is an illustration of government fees, not a firm quote. Verify the current USPTO fee information and request a scope-specific estimate.

How long does registration take?

There is no single completion date. Examination workload, the filing basis, Office Actions, and third-party opposition can affect timing. An intent-to-use filing also depends on when qualifying use begins and is properly documented. Consult the USPTO process overview when planning.

Does a search guarantee registration?

No. Search results provide a risk assessment; the USPTO makes its own examination decisions, and other parties may assert rights. A search may not find every relevant use. Our search guide explains the difference between federal and broader coverage.

When can I use TM, SM, or the registered ® symbol?

In the United States, TM or SM can indicate a claim to trademark or service-mark rights without federal registration. Use the ® symbol only after obtaining a federal registration and in connection with the goods or services covered. A pending application alone does not permit use of the ®.

What if the USPTO refuses my application?

Read the entire notice and its deadline. A refusal may call for arguments, evidence, or changes to the application that the rules permit. A final refusal has different procedural implications. See Office Action responses and bring the complete file to an attorney.

Does a trademark registration last forever?

A registration can remain active through continued qualifying use and proper maintenance, but required filings and fees cannot be ignored. See the maintenance and renewal guide for common filing windows and the distinction between renewal and Section 15.

Does U.S. registration protect me worldwide?

No. Trademark rights are territorial. Protection abroad requires country-specific planning; international filing procedures do not create a single worldwide trademark. Discuss intended markets before expansion and review the USPTO Madrid Protocol resources.

How do I start working with Lowry Blixseth APC?

Use our application checklist, email Trademark@LawLB.com, or call 818.584.6460. Describe your brand, goods or services, and goals. Include any application number or deadline. Learn about Scott M. Lowry and our attorneys.