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TRADEMARK REGISTRATION

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Why use XWindowLegal to register your trademark?

Increase your chance of approval when our attorneys guide you through the trademark registration process—simply and affordably. We’re here to help with:

Time & money savings

Let an attorney take care of everything—from research to filing your application—affordably. Our attorney-led trademark service costs 75% less than a traditional offline attorney.*

Attorney guidance

Trademark attorneys offer advice at every stage, including filing and navigating roadblocks. Attorney assistance is proven to increase your chances of successfully registering your trademark.

Experience you can trust

You can count on us—we operate our own law firm with over 30 trademark attorneys, each with years of experience in trademark law. You’re in good hands with the best filer in the U.S.**

Highest success rate

We’ve successfully registered more trademarks than our online competitors combined. Plus, if your first trademark gets rejected by the government, we’ll help you register a new one for no additional fee.§

Affordable attorney trademark help

Set up your mark for success. With attorney help, you have a 94% chance of registering a trademark.†

  • If your first mark gets rejected, we’ll cover our fee to register a different mark§
     
  • Have peace of mind knowing your attorney will research your mark, file for you, and deal with minor roadblocks
     
  • Get a free trademark search for a second mark if your attorney thinks there’s an issue with your first choice

Tell us about your trademark

Simply answer some questions about your trademark and your business, and an attorney will get in touch about next steps.

We’ll research it & report back

Your attorney will perform a comprehensive trademark search to make sure nothing similar is in use. If there are potential issues, we’ll search a second mark for free.

We’ll complete & file your paperwork

Once the attorney confirms with you that everything is ready to go, they’ll e-file with the USPTO.

What is a trademark?

Trademarks identify your products and services as distinctly belonging to your brand, distinguishing you from competitors. You can register a trademark for different types of intellectual property including your business name, product name, tagline, logo, symbol, or design. A registered trademark must be used in commerce to provide real protection against anyone who wants to copy you. Registering a trademark can be a complicated process, but attorneys can walk you through the steps and file your application.

What does a trademark mean?

A trademark means that a business name, brand name, tagline, logo, symbol, or design is registered with the USPTO, and that its use by others is restricted. Registering a trademark is a legal process of providing protection against competitors who want to copy your branding.

What’s the difference between a trademark and a copyright?

While copyrights and registered trademarks both help protect your intellectual property, they are used for different things.

Trademark

Trademarks protect brands

Trademarks are used to protect brand names, business names, product names, logos, and slogans. They ensure that a brand can use its assets to build recognition and differentiate itself.

Trademarks need to be registered

While you gain some protection as soon as you start using your brand name and logo, you need to register a trademark with the USPTO to really protect your brand.

Trademarks can be renewed

As long as you renew your trademark—after the first five years, then every 10—it will not expire.

Copyright

Copyrights protect creative works

Copyrights cover creative works such as stories, poems, song lyrics, movies, and even software code.

Copyright is automatic

As soon as you create a piece of art or pen the lyrics of a song, you establish ownership. There is a legal process that you can—and should—use to gain better legal protection.

Copyrights expire

A person’s copyright lasts for the length of their life plus 70 years. There are different rules for pieces that are created anonymously or under a pseudonym.

How to trademark a phrase

Using a distinctive phrase connected with your business—such as a slogan, motto, or tagline—can help improve your brand recognition. To prevent other companies from using your phrase, you can register a trademark for it—starting with a comprehensive search. However, not every phrase can be trademarked, not everyone can trademark a phrase, and registration does not provide complete protection. A trademark attorney can advise you on the best next steps for registering a trademark for your particular phrase.

How to trademark a name

Your application must be filed with the USPTO, and it must include:
 
   The name and address of the mark’s owner
 
   The name you want to protect
 
   The goods or services that you want to register your name for
 
  Whether your name is already being used in business (“in commerce”) or you haven’t started using it yet (“intent to use”)
 
  A label or a package (the “specimen”) that shows your name in use if you’re filing your trademark as “in commerce.” (If you file as “intent to use” you will need to provide your specimen later and pay additional federal fees.)

How to register a trademark for a name and logo

You can register a trademark for a logo that includes your name, but the logo and name together will be considered one trademark. If you want them protected individually, you’ll need to file two applications. Using your logo does automatically give you common law trademark protection—but for full legal protection, you should file a trademark application. There are many nuances in the trademark registration process so it’s always helpful to get guidance from a trademark attorney.

Why trademark registration is important

Stop copycats

Deter competitors from stealing your branding—and profiting from your reputation.

Make it legal

Build a powerful brand that’s yours alone with the ® symbol.

 

Stand out

Create a brand as unique as you, knowing it can be preserved.

 

Enforce your rights

Be empowered to legally claim your unique branding.

 

Own your brand

Secure the exclusive rights to your names, slogans, and logos.

 

Defend what’s yours

Make it easier to sue competitors who steal your trademarks.

 

What you can and can’t trademark

What you can trademark

  • A name like Nike
  • A logo like the swoosh logo
  • A slogan like “Just do it”

What you can’t trademark

  • A song, book, film, or other original creative work. Get a copyright instead.
  • An invention like a technical process, machine, manufactured good, or chemical formula. Look into a patent.

What are the common reasons a trademark is rejected?

To avoid delays in the trademark registration process, here are some potential roadblocks to trademark registration you should be aware of:

  • You can’t register a trademark for non-business purposes.
  • You can’t register a generic or descriptive name, as your trademark name has to be distinctive or unique in some way to be approved.
  • You can only trademark a brand name that you’re using in business or that you intend to use in business in the near future.
  • The name can’t create a likelihood of confusion among consumers.

Trademarks can be rejected when your name is too similar to another registered mark or one that’s pending. This is because consumers could get confused and mistakenly believe they come from the same source. That’s why every trademark application must specify the type of goods or services where that trademark will be used.

How much does a trademark cost?

If you choose to work with a traditional attorney on a trademark application, expect to pay an hourly rate for their services in addition to the USPTO filing fees.

  • The USPTO charges a fee as per class of goods or services, depending on which trademark application filing option you choose. Your trademark is valid for five years, after which you’ll pay a renewal filing fee per class of goods or services. After that, you’ll only need to renew every 10 years.
  • If you choose to work with us, our trademark package costs a flat fee and application review for 75% less than a traditional offline attorney.*

FAQ

Oftentimes no, because it could create confusion.

But if the other mark is used for different products or services, it might be possible because consumers may not be confused about who sells what.

For example, Delta Dental, Delta Air Lines, and Delta Faucet Company coexist as business names because the products are different enough to prevent consumer confusion.

Yes. The USPTO allows one trademark—that’s one name, one logo, or one slogan—per trademark application.

You can register a logo that includes your business name, but then the design and the text together are considered one trademark. If you want them protected individually, you’ll need to file two applications as you compete the trademark registration process.

Depending on what you sell, trademark registration can involve multiple classes or just one class. The USPTO puts all products and services into 45 classes. If you own a restaurant, you provide a service in class 43 (food services), but if you also sell cookbooks and teach cooking at the restaurant, you may also want to register in class 16 (paper goods) and class 41 (education and entertainment services). Usually, your trademark protection is limited to the classes listed in your application.

Ideally, the trademark application process—including time waiting to hear back from the USPTO—takes six to 12 months if you’re using your trademark in commerce.

The USPTO will review your application within a few months, and then either send an office action with questions or concerns, or approve your trademark for publication. If your trademark is published and there are no objections by the public within 30 days, you’re done with registration and you officially have a registered mark.

If you’re not yet using your mark in commerce, the trademark application process can take longer. After making it through the previous steps, the USPTO will grant a Notice of Allowance, which says they’ll register your mark once you provide proof of use in commerce through a Statement of Use. Once that’s submitted and approved, your mark is officially registered.

Yes. The USPTO’s examining attorney might reject your mark if there’s a chance consumers could confuse it with another trademark—for example, if your business name sounds too similar to another business name in the same industry. Involving an attorney in the trademark registration process can help avoid some of these challenges.

You can use a ™ on your logo while you pursue the trademark application process. Doing so lets others wishing to trademark the same thing know that you intend to pursue a trademark. Once you’ve completed trademark registration and your trademarks are approved, you can replace the ™ with the registered trademark symbol, ®.