Answers
Answers
One question, one page. The short answer comes first, then what would change it, then the rulings behind it.
46 questions answered. Each names its authority, points to the guide that goes deeper, and says who has checked it.
Before you file
- Do I need a trademark for Amazon Brand Registry?standard character mark · pending application · 37 C.F.R. § 2.52 · attorney reviewed
- Can I trademark a phrase or slogan?failure to function · 15 U.S.C. §§ 1051, 1052, 1127 · attorney reviewed
- Can I trademark a logo made with AI?use as a source identifier · human authorship (copyright) · attorney reviewed
- Can I trademark my own name?primarily merely a surname · 15 U.S.C. § 1052(e)(4); consent · § 1052(c) · attorney reviewed
- Can I trademark this name?registrability · attorney reviewed
- Can I use a name that's already trademarked?likelihood of confusion · nominative fair use · 15 U.S.C. §§ 1114, 1125 · attorney reviewed
- Can I use a name whose trademark is dead or abandoned?abandonment · 15 U.S.C. § 1127 · attorney reviewed
- Which class covers my product? The most-used classes, explainedNice Classification · international classes · attorney reviewed
- What goods, services and classes do I put down?identification of goods and services · attorney reviewed
- How do I check if a name is trademarked?trademark search · knockout search · attorney reviewed
- How do I trademark a business name?trademark application · 15 U.S.C. § 1051 · attorney reviewed
- Should I file before I launch?intent-to-use · Section 1(b) · attorney reviewed
- Should I trademark my artist, band, podcast or channel name?service mark for entertainment services · title of a single creative work · TMEP § 1202.08 · attorney reviewed
- Should I register my trademark with Texas or federally?state registration · Tex. Bus. & Com. Code ch. 16 · 15 U.S.C. § 1051 · attorney reviewed
- Should I register the words, the logo, or both?standard character and special form drawings · attorney reviewed
Costs and timing
- How do I check the status of my trademark application?Trademark Status and Document Retrieval (TSDR) · attorney reviewed
- What happens after I file, and how long does it take?examination, publication and registration · 15 U.S.C. §§ 1062, 1063 · attorney reviewed
- How much does a trademark cost?USPTO trademark fees · 37 C.F.R. § 2.6 · attorney reviewed
- What is a Statement of Use, and when is it due?Statement of Use · allegation of use · 15 U.S.C. § 1051(d) · attorney reviewed
- What counts as an acceptable specimen?specimen of use · 37 C.F.R. § 2.56 · TMEP § 904 · attorney reviewed
The basics
- What rights do I have without registering?common-law trademark rights · 15 U.S.C. § 1125(a) · attorney reviewed
- Do I need a trademark?federal trademark registration · 15 U.S.C. §§ 1051, 1057 · attorney reviewed
- Does forming an LLC protect my business name?entity name vs. trademark · trade name · 15 U.S.C. § 1127 · attorney reviewed
- When can I use ™ and ®?registration notice · 15 U.S.C. § 1111 · attorney reviewed
- Trademark, copyright or patent: which one do I need?trademark · copyright · patent · 15 U.S.C. § 1127 · 17 U.S.C. § 102 · 35 U.S.C. § 101 · attorney reviewed
- What is a trademark?trademark · service mark · 15 U.S.C. § 1127 · attorney reviewed
When you need a lawyer
- Do I need a trademark attorney?representation before the USPTO · 37 C.F.R. § 2.11 · attorney reviewed
- How do I find a trademark attorney?practice before the USPTO in trademark matters · 37 C.F.R. § 11.14 · attorney reviewed
- Can I write my own trademark cease-and-desist letter?cease-and-desist letter · demand letter · declaratory judgment · attorney reviewed
When the USPTO pushes back
- What can I do after a final refusal?final Office Action · request for reconsideration · ex parte appeal · attorney reviewed
- How do I respond to an Office Action?Office Action response · 37 C.F.R. § 2.62 · attorney reviewed
- What does a 2(d) Office Action mean?Section 2(d) refusal · 15 U.S.C. § 1052(d) · attorney reviewed
- What is a failure-to-function refusal?failure to function · Sections 1, 2 and 45 · attorney reviewed
- What does “merely descriptive” mean?mere descriptiveness · Section 2(e)(1) · attorney reviewed
- Why was my trademark refused?refusal to register · 15 U.S.C. § 1052 · attorney reviewed
After you register
- How long does a trademark last, and how do I keep it?maintenance and renewal · 15 U.S.C. §§ 1058, 1059, 1065 · attorney reviewed
- How do I protect my trademark in other countries?territoriality · Madrid Protocol · 15 U.S.C. §§ 1141–1141n · attorney reviewed
- How do I license my trademark?trademark license · quality control · related companies · 15 U.S.C. § 1055 · attorney reviewed
- Are those trademark renewal letters from private companies a scam?misleading solicitations · attorney reviewed
- How do I transfer a trademark to someone else?assignment · 15 U.S.C. § 1060 · attorney reviewed
When someone else is involved
- I got a trademark cease-and-desist letter. What now?cease-and-desist letter · demand letter · declaratory judgment · attorney reviewed
- Is another trademark too close to mine?likelihood of confusion · Section 2(d) · attorney reviewed
- What happens in an opposition or cancellation?inter partes proceedings · attorney reviewed
- What do I do when someone uses a similar name?enforcement and infringement · attorney reviewed
- Someone registered my business name. What can I do?priority · opposition · cancellation · 15 U.S.C. §§ 1063, 1064 · attorney reviewed
- What counts as trademark infringement?infringement · 15 U.S.C. §§ 1114, 1125(a) · attorney reviewed
Who checked this
Drafted with automated assistance. Not yet reviewed by an attorney, and this page says so until it is.