I spend a lot of time working with clients to determine when and why it’s appropriate to seek trademark protection for brands.  Since many of the questions about trademarks seem “universal” (ie. I get them a lot), I thought it would be helpful to talk about them here.  So here, in no particular order, are 6 of the most frequently asked questions about trademarks:

How do I know when I need to consider trademark protection for my brand? 

Anyone introducing a new brand identity, or who is offering newly branded products or services, should take steps to protect their trademark.  And where those products or services will be sold in interstate commerce – any state other than the one in which the provider resides – the owner of that mark has the basis for a federal trademark registration.  So, appropriate times to think about trademark protection include:  starting a new business, expanding the geographic reach of your business, naming your product or services, introducing a new product or service, rebranding your business, or adopting a new “treatment” of any of your existing marks (such as a logo or very original graphic treatment of your mark).

What is trademark “clearance,” and why do I need it?

Trademark clearance is a proactive step I always strongly advise prior to filing a trademark application for several reasons.  It helps determine whether there are any other uses of marks similar to yours in your industry that could interfere with either your use or registration of the mark, and tells us who is using the mark, and how and where they are using it.  It also provides information about other registered trademarks that might pose a threat to your use or registration of your mark, even if they aren’t identical.  Finally, it can provide helpful insight into the strategies that will enhance your likelihood of success in achieving your trademark registration.  Bottom line – it can save a lot of time and money.

How long does the registration process take?

This answer has improved with the enhanced technology and staffing changes made at the US Patent & Trademark Office.  But my counsel is that, from start to finish, you can count on the federal application process taking 9-12 months.  Sometimes the PTO will have questions about your application that take time to answer.  Sometimes the PTO will object to your registration, and you have to present persuasive argument about why it should register.  And if you file based on an intent to use, meaning that you haven’t actually implemented the new mark yet, that will delay the process too.

What are my chances of successfully achieving the trademark registration?

I always tell clients who ask this that we’re not “oddsmakers,” but that there are some things that we know enhance the likelihood of success – performing clearance to look for similar marks prior to application, and selecting a mark that is highly distinctive are two such tools. This is because the two most likely reasons a federal trademark application is likely to be rejected for registration are either that your mark is confusingly similar to another mark used for similar goods or services, or that your mark is too descriptive of your products or services to achieve trademark protection.

How long does a federal trademark registration last?

Ten (10) years.  And the registration can be continuously renewed so long as you maintain uninterrupted use of the mark in interstate commerce.

When can (or should) I use the symbols: 

For a federally registered trademark, mark owners should use the ® symbol.

For all other marks, registered and unregistered, no designation is legally required. However, I advise mark owners to use the designation “TM” or “SM” to create a public notification that the mark is proprietary to your goods or services.