Frequently asked questions

What is a Trademark?

Trademark is any mark that makes your brand distinct that helps your audience spot you in the crowded marketplace. It can be a logo, or a unique scent (Playdoh smell), or a distinct sound (Netflix TUDUM sound).

I have the domain name. Doesn't it mean I have registered my trademark?

No. Only if your mark is registered with USPTO you have a registered trademark. Note that not all domain names are trademarks, but domain names CAN be registered as trademarks (example Booking.com).

How long does it take to register a trademark?

A long time. Currently, it can take at least 18 months from date of application to registration- assuming you jump through all hoops without additional delays.

Should I wait to use my trademark until it is registered?

No! Unless you have other reasons for not already using your mark (perhaps big launch coming up?), please go ahead and start using it. Your mark will not be registered unless you provide evidence of using it in commerce.

I dont have the budget to register my mark yet. Should I still use it?

Yes! Trademark goes to the one who uses the mark first. Did you know, if you have been using the mark, you already have "common law" trademark? You can stop others from registering your mark if you can show that you started using it first.

If I already have common law trademark, why should I register it then?

Registering your trademark with the USPTO creates a legal presumption of ownership, which makes it easier to enforce your rights nationwide. It allows you to use the cool registered trademark symbol "®". You can record your registration with U.S. Customs and Border Protection to prevent the importation of infringing goods. Also, don't forget that registered trademark is the soft asset that gives credibility to your brand and boosts your reputation with your consumers.