- Trademarks are generally words, phrases, logos and symbols used by producers to identify their goods. However,
shapes, sounds, fragrances and colors may also be registered as trademarks.
- Two basic requirements must be met for a mark to be eligible for trademark protection: it must be in use in commerce
and it must be distinctive.
- ™ - Signifies common law trademark rights. Businesses automatically receive common law trademark rights by using
a brand name or logo in the normal course of commerce.
- ® - Signifies a registered trademark. The ® symbol may only be used on a trademark that has been examined, approved
and registered with the USPTO.
- Trademarks may be registered online. The USPTO charges a $275 fee for online trademark applications. The process
takes about 6 months from initial application to final registration. It is a general practice to hire a trademark
lawyer to file the application on behalf of the future owner.