When you register a trademark does it count nationwide or just in your state?
This is because when you obtain a United States federal trademark your rights will exist throughout the country, and not just in one particular geographic locality. With a state trademark you obtain rights to your immediate geographical area only, not the entire state, which is an important consideration.
Do you have to register your business before trademark?
Trademarks are managed by the U.S. Patent and Trademark Office (USPTO). There’s no legal requirement for you to register a trademark. Using a business name can give you ‘common law’ rights, even without formally registering it.
Should you trademark your business name and logo?
A small business needs to protect its intellectual property, which includes its business name and logo. Generally speaking, you should apply for trademark registrations for your business name, logo, slogan and designs separately.
What does it mean when a trademark is pending?
Trademark pending indicates that an application for trademark protection is in review with the United States Patent and Trademark Office (USPTO). You can use symbols (TM, SM) next to your symbol, mark, logo, word, phrase, or design that indicate the trademark pending status.
Who should own a trademark?
Who Should Be the Owner of a Trademark? The party who controls the nature and quality of the goods and services used in connection with the brand should be the trademark owner. This is an important decision and naming the proper owner for purposes of registration is critical to maintaining a valid trademark.
When should I use the registered trademark symbol?
In the United States, it is proper to use the registration symbol ® only to give notice that a trademark has been federally registered in the United States Patent and Trademark Office. The proper form of registration notice is the letter “R” in a circle ® placed in immediate conjunction with the registered mark.
Should I Register my trademark with the state or USPTO?
Registering a trademark with the state is less expensive than registering with the USPTO. You will typically save at least $200 for each registration. A state trademark registration can usually be processed and approved more quickly than a federal one.
What is the difference between a state and federal trademark registration?
A state trademark registration can usually be processed and approved more quickly than a federal one. State trademark registration does not give you the right to use the symbol ®. You may use either TM for a trademark or SM for a service mark.
How long does it take to register a federal trademark?
A federal trademark application can take anywhere from several months to a few years to process. Because of the complexity of the federal trademark process, you may need a lawyer to help you. Legal fees will add to the registration cost.
What are the benefits of registering a federal trademark?
1 Federal registrations give you a basis to file in other countries, including the Madrid Protocol. 2 Federal trademarks can allow you to stop imports that are unauthorized and use your mark. 3 Federal trademarks give you ownership across all 50 states, plus all U.S. 4 Federal trademarks allow you to use the ® symbol.