The United States Patent and Trademark Office (USPTO) concisely identifies a trademark as “a brand used on goods and services.” Basically, that means any word, slogan, or logo used in commerce to identify the source of a product or service. This could look like:

• Your business or product name
• Your company logo
• A catchy tagline you use to market your goods

Is there a difference between a trademark, a copyright, and a patent? There is. Trademarks, copyrights, and patents are sometimes [incorrectly] referred to interchangeably, but they are not, in fact, created equal. From the United States Patent and Trademark Office: “a patent typically protects inventions, like new engines and solar panels.  A copyright typically protects original artistic and literary works, like songs and movies and books.  Although trademarks, patents, and copyrights can all be used together, the protections they provide are not the same.”

Using your business name to sell products might make you a known entity in your neighborhood or local market, but when a similar business from out of town searches the USPTO database for a name they are thinking of trademarking, yours will not show up. If, seeing that there are no obvious registered trademarks standing in their way, they decide to seek registration, yours will not be cited by an examining attorney. If their name comes up first in an internet search for a customer wishing to buy products from you, they may assume you are affiliated and purchase from them instead. And if this business, now with a registered trademark, comes upon your business and sees that your name is the same, this could be the beginning of a long and costly battle over priority use. How can you enforce your trademark rights if you haven’t laid claim to them?

That’s what registration with the USPTO does. It plants a flag on your trademark, claiming it for your industry. Now, when a competing business thinks they’ve come up with the Best Name Ever, a quick search of the USPTO database, or an Office Action from an examining attorney, will let them know you thought of it – and thought to register it – first.

The trademark application process generally takes 12-18 months.  There are many factors in play that can delay the process, and none that will speed up the process. The most up to date estimates on time can be found here USPTO Processing Time

If you are already using a mark, this is called, unsurprisingly, In Use. An In Use application requires disclosure of the date you first began using the mark in commerce as well as a specimen (usually a photo of the product or service offered) showing this use.

If you are not yet using a mark, you can still claim it by filing what’s called an “intent to use” application. This requires an additional filing, called a Statement of Use, when you begin using the mark, which you must do within six months of the application’s approval OR request an Extension. An Extension allows the applicant an additional six-month period to begin using the mark. Up to five of these may be requested, giving you a total of two and a half years in which to begin using your trademark.