United States Patent and Trademark Office

An Agency of the Department of Commerce

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Trademark Process

What is a trademark or service mark?

In short, a trademark is a brand name. A trademark includes any word, name, symbol, device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. A service mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one provider from services provided by others, and to indicate the source of the services.

Must all marks be registered?  No, but federal registration has several advantages, including a notice to the public of the registrant's claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration.  Please review the timeline for trademark processing to learn what to expect in the overall application process and when.

Mission

Our mission is to apply the statute in the examination and registration of trademarks. Federal registration of trademarks is not required although registration does:

  • Provide notice to others of marks in use in commerce in the U.S.
  • Provide access to the federal courts
  • Provide prima-facie evidence of ownership
  • Provide access to anti-counterfeiting statutes
  • Permit enforcement of rights
  • Provide a basis for foreign filing
US Department of Commerce
USA.gov