Question: Is It Hard To Get Trademark?

How long does it take to get a trademark

12 to 18 monthsUsually, the process takes 12 to 18 months.

Registering your trademark is a complex procedure that involves your application moving through various stages.

Learning about each stage in the process will help you understand why getting a trademark takes as long as it does..

Should I get a trademark or LLC first

In many cases, a business will want to start the trademark application as soon as their LLC or corporation paperwork is filed. By filing for a trademark prior to launch, you can be sure that your name is protected once you begin commercial sales. However, there may be an even stronger reason to apply early.

Does my logo need a trademark

Should I Trademark My Logo? By common law, a logo is trademarked as soon as it’s used in commerce. … However, if you ever wanted to dispute another organization for using your likeness, your trademark would have to be registered with the U.S. Patent and Trademark Office.

What names Cannot be trademarked

WHAT CAN’T BE TRADEMARKED?Proper names or surnames.Generic terms or phrases.Government symbols or insignia.Vulgar or disparaging words or phrases.The likeness of a U.S. President, former or current.Immoral, deceptive, or scandalous words or symbols.Sounds or short motifs that are covered by copyright instead.More items…

How much does it cost to apply for a trademark

Filing Cost of a Trademark Application Online The fees for electronically filed trademark applications generally range from $250 to $350 for each class of goods or services.

What Cannot be protected under trademark law

This means three things: you cannot claim the generic name for your product to be your trademark; you can’t register trademarks that describe important characteristics of your products and services; and you cannot “trademark” the functionality of your product.

What’s the difference between copyright and trademark

Copyright protects original work, whereas a trademark protects items that distinguish or identify a particular business from another. Copyright is generated automatically upon the creation of original work, whereas a trademark is established through common use of a mark in the course of business.

Is Trademarking easy

Registering a trademark for your company is a big step that helps you protect your brand identity from misuse or theft. Registering a trademark is a fairly straightforward process that you can complete in just a few easy steps.

What should you not trademark

Not Having a Distinctive Trademark There are five distinctive trademark categories: arbitrary, descriptive, fanciful, generic, and suggestive. … Likewise, generic terms are ineligible for trademark protection because they refer to a general class of products or services rather than a company’s brand.

Do I need a lawyer for a trademark

Do You Need to Hire an Attorney to Federally Register a Trademark? No. You do not need an attorney to file an application for registration of a trademark with the United States Patent and Trademark Office (USPTO). That being said, you really ought to hire an attorney if you can afford one.

How long do US trademarks last

ten yearsIn the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.

How difficult is it to get a trademark

In order to register a trademark, you must be using the good in commerce. Even if you file on an intent-to-use basis, your mark will not be fully registered until you can show the USPTO that you are using the mark in interstate commerce. That assumes of course that the mark you want is even eligible for registration.

How much does it cost to trademark a name and logo

The cost to trademark a name at the federal level ranges from $225 to $400 plus legal fees or $50 to $150 for a state trademark. The average cost to trademark a logo is $225 to $600 plus any legal fees. Get free estimates from trademark attorneys near you.

Can I trademark my own name

Trademark law protects names, logos and other “marks” that are used in commerce. To register your name as a trademark with the U.S. Patent and Trademark Office (USPTO), you must use it in business. … But if—like most people—you only use your name for personal purposes, you can’t register it as a trademark.

Can an LLC own a trademark

There are many different types of legal entities that can own a trademark. The most common that we see, and also the simplest, are LLCs and corporations. Usually, a LLC or corporation develops a mark to identify itself as a source of goods or services.

Can I use TM without registering

The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it. The most common use of the TM symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO.

What is the cheapest way to trademark

The cheapest way to trademark a name is by filing with your state. The cost varies depending on where you live and what type of business you own. If you are a corporation or LLC, you can expect to pay less than $150 in most cases, while sole proprietors and contractors can pay anywhere between $50 to $150.

Why does trademark take so long

The two most common reasons that trademark registrations are delayed are: Trademark Office Actions. About three months after your trademark filing, an examining attorney at the U.S. Patent and Trademark Office (USPTO) will review it.