Trademark Info - The No-Nonsense Guide to Everything You Need to Know About Trademarks (Without the Law Degree).

The honest answer: It depends on the government. Currently, the USPTO takes several months just to open your file for the first review. If everything goes perfectly smoothly, you might see a registration in about 12 to 14 months. If there are legal hurdles or “Office Actions,” it can take longer.

Think of the trademark system like a giant department store. You don’t own your name for the entire store, just for the specific aisles you sell in. These aisles are called International Classes.

  • Example: “Dove” is a trademark for soap (Class 3) and also for chocolate (Class 30). Two different companies, two different classes.
  • The Cost: The government charges a filing fee for each class you want to protect.

No. And you should run away from anyone who says they can. Trademark law involves subjective decisions by government attorneys. We can’t control their opinion, but we can control the quality of the argument. A comprehensive search and professional drafting significantly increase your odds, but there is no such thing as a “sure thing” in law.

Not yet! You can only use the ® symbol after your mark is officially registered and you have the certificate in hand. Until then, you should use the small ™ symbol.

  • Why it matters: Using the ® too early is actually a violation of federal law and can get your application in trouble. Stick to the ™ until we give you the green light.

No. Trademark rights are territorial. A US registration protects you in all 50 states and US territories. It does not stop someone from using your name in Canada, Europe, or China. If you plan to expand internationally, we can help you file for protection abroad using the “Madrid Protocol.”

Not necessarily.

  • Use in Commerce: If you are already selling, we file based on “actual use.”
  • Intent to Use: If you are still in the planning phase, we can file an “Intent to Use” application. This reserves your place in line. You will just need to prove you are selling the product later (and pay a small extra fee) to finalize the registration.