Frequently Asked Questions
Q. What is a trademark?
A. Trademark is one of three legal terms used to describe “intellectual property,” the others being patent and copyright. A trademark, denoted by the "TM" symbol, is a word, phrase, symbol, design, combination of letters or numbers, or other device that identifies and distinguishes products and services in the marketplace. A service mark, denoted by the "SM" symbol, offers virtually the same protection, but is used, instead, to identify and distinguish services, rather than products. When the term “trademark” or “mark” is used, it is understood to include “service mark” as well. Trademarks are usually synonymous with the brand name or design that is applied to a business or its products or used in connection with services.
To determine whether you're legally permitted to use the name you've chosen for your products and services, you must conduct a trademark search. BizFilings' Trademark Explorer™ is the best resource for conducting an initial trademark search. The tool is inexpensive and provides advanced searching features and logic that allows you to easily conduct comprehensive, preliminary trademark searches.
We'll help you identify if a proposed trademark is already registered with the U.S. Patent and Trademark Office (USPTO). Our trademark search service examines newly filed trademark applications, active registrations and cancelled and abandoned marks. It provides access to the most current and comprehensive state trademark data available.
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Q. If a business is incorporated, is its name protected by trademark?
A. No. When you register a corporate or limited liability company (LLC) name with a state agency, there is no guarantee that the name has not already been taken by another business as a trademark. However, it could mean that another company hasn't registered the business name in your state. BizFilings' Trademark Explorer™ is an excellent and inexpensive means to identify potential trademark conflicts before or after you select a business name.
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Q. What is the process for obtaining a trademark?
A. Trademarks can be obtained through common law. Common law trademarks originate immediately upon using a trademark symbol (™) in connection with the sale of goods or services. Protection provided under common law is limited, however, and many companies will benefit from registering their marks with the state or federal government.
The process of registering and protecting your trademark can be complex and somewhat confusing. To learn more about the trademark process, view our trademark tutorial.
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Q. Can I hire a professional firm to conduct a trademark search?
A. Yes. Many people prefer to pay a professional search firm to handle a trademark. This makes sense if you can afford investing $1000 or more for a thorough professional search.
You can also use a trademark attorney who can also provide legal opinions as to whether your proposed mark is legally safe. Obtaining a legal opinion provides important protection if someone later sues you for using the mark. BizFilings' Trademark Explorer™ is an excellent tool for conducting preliminary trademark searches, but it should not be used as a substitute for a legal opinion.
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