What is a Trademark?
A trademark is a distinctive word, phrase, symbol, design, or combination of these elements that identifies and distinguishes the source of goods or services. Trademarks serve as a badge of origin, helping consumers identify and choose products while protecting businesses from unfair competition. Service marks specifically identify services rather than goods, though “trademark” is commonly used to refer to both.

What Can Be Trademarked?
Various elements can qualify for trademark protection:
– Brand Names and Logos
– Slogans and Taglines
– Product Packaging (Trade Dress)
– Sounds (Sound Marks)
– Colors (when they identify the source)
– Scents
– Motion Marks

However, certain elements cannot be trademarked:
– Generic terms
– Purely descriptive words
– Surnames (unless they have acquired distinctiveness)
– Geographic terms (unless they have acquired secondary meaning)
– Functional features
– Deceptive marks

What is the Trademark Registration Process?
1. Clearance Search: Conduct a comprehensive search to ensure the mark isn’t already in use
2. File Application: Submit either an “Intent to Use” or “Use in Commerce” application
3. USPTO Review: The examining attorney reviews the application (3-4 months)
4. Office Action Response: Address any USPTO concerns or rejections if necessary
5. Publication: Mark is published for opposition (30 days)
6. Registration: If no opposition is filed, the mark proceeds to registration

What are the Benefits of Federal Registration?
Federal trademark registration provides several important advantages:
– Nationwide priority and protection
– Right to use the ® symbol
– Presumption of ownership and validity
– Ability to record with U.S. Customs to prevent imports of infringing goods
– Access to federal courts
– Basis for international registration
– Enhanced damages in infringement cases

How Long Does Registration Take and Last?
– Timeline: Typically 8-12 months for straightforward applications
– Duration: 10 years from registration date
– Renewal: Can be renewed indefinitely every 10 years
– Maintenance: Required filings between 5th and 6th year showing continued use

What are Common Mistakes to Avoid?
1. Not conducting a proper clearance search
2. Selecting descriptive or weak marks
3. Filing in wrong classes of goods/services
4. Not providing proper specimens of use
5. Not monitoring and enforcing rights
6. Missing maintenance deadlines
7. Not securing domain names and social media handles
8. Improper trademark usage in marketing materials