Individuals or businesses claiming rights in a mark can use the symbols TM (for goods) or SM (for services) to notify the public of their ownership claim, even if the mark is unregistered. The ® symbol, however, is reserved exclusively for marks that have been officially registered with the U.S. Patent and Trademark Office (USPTO). Misuse of this symbol can lead to penalties.

Before using or applying to register a trademark, it’s important to search existing federal, state, and common-law records. A search of the USPTO database can show whether similar marks are already registered, but additional checks should be made for marks in use that might not be federally registered. Since common-law rights belong to the first user in commerce, these searches help avoid costly conflicts.

When applying for a trademark, you’ll choose the type of protection you want based on how your brand appears to consumers.

• Word Mark (Standard Character Mark): Protects ONLY the words themselves, regardless of font, color, or style.

  • Covers the broadest use of the name or phrase

  • Ideal for brand names, slogans, or taglines

  • You can use it in any font or format later

• Design Mark (Logo/Image Mark): Protects a specific visual appearance of your mark (i.e. logos)

  • If there is a visual design in your mark, even if words are present, a design mark is needed

  • Protection is limited to the specific design filed

If your business is up and running and you have your mark, start using it.

When filing a trademark application, you’ll need to choose a filing basis that reflects whether your mark is already in use or if you plan to use it soon.

• 1(a) – Use in Commerce: You’re already using the mark in connection with your goods or services.

  • Must submit a specimen showing real-world use

  • Common for active businesses or products already launched

• 1(b) – Intent to Use: You’re not using the mark yet but plan to in the near future.

  • No specimen required at filing

  • Must file a Statement of Use later to complete registration

  • Useful for startups, rebrands, or upcoming product launches

When you apply for a trademark, you must list the specific goods or services you provide, and these are organized into numbered classes by the USPTO.

• There are 45 total trademark classes: 34 for goods, 11 for services

• You can file in one or multiple classes, depending on what you offer 

• Each class requires a separate USPTO fee, and protection only applies to the classes you select

• Choosing the right class (or classes) is critical to ensure full coverage and avoid unnecessary costs

Trademark applications are not just a simple file and done. They can be an adversarial process with the USPTO. There is also a long line. Typically it takes 9-12 months after filing to get a first response. Most applications will need to overcome at least one initial rejection. In total, expect 1-2 years from start to finish