What is a Trademark?
A trademark is phrases, designs, words, or symbols that identify and distinguish the unique source of the goods, services, or information of one party (business, individual, or organization) from those of others. A trademark is recognized by the symbols ™ (not registered) and ® (registered). The ™ symbol can be used for any common law usage of a mark, but the ® symbol may only be used after registration is completed with the U.S. Patent and Trademark Office (USPTO). A copyright © offers similar protections to that of a trademark. A copyright is geared to artistic works such as books, music, and even websites like this one. There are laws that allow fair use of trademarks and copyright materials, so long as they meet certain criteria and guidelines. The first amendment does not protect against trademark or copyright infringement.
Some examples of registered trademarks:
- Walmart®
- Starbucks®
- LegalZoom®
- American Express®
- Ford®
How much does a trademark cost?
Of course you can do it yourself, however it is NOT RECOMMENDED. Would you buy a house without a REALTOR®? Would you sell your home without a real estate agent? Real estate is like law; some things are just better left to the professionals. The most affordable and practical place to get a trademark is LegalZoom®.. The first step in obtaining a trademark is a search to make sure that the mark is not already in use by another party, avoiding trademark infringement by choosing one that is confusingly similar to another registered mark. We encourage you to do a preliminary search before you spend money on having a search done.
A preliminary search on the USPTO site is only going to locate the mark if someone else has filed to register it. A Google search is another great way to find out if someone else is using the mark you are considering registering. Once you have searched these two ways, you should then proceed with LegalZoom®. We think the standard package which is about $500 with the government filing fees is the most economical.
What is a common law trademark?
Federal registration is necessary to establish common law rights for a trademark. Common law rights are gained through use of the mark. Federal registration is highly recommended and gives the trademark owner significant additional rights not available under common law.