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Trademarks also include trade names and a service mark.
You are not required to register a trademark with the U.S. Patent and Trademark Office in order to be protected because trademark protection automatically begins when you begin using your trademark. However, we strongly advise you to register because it provides advantages if you need to sue anyone for infringement rights.
To protect your trademark, during the time you are waiting for your trademark to become official, you can file an "intent to use" application with the Patent and Trademark Office. This will protect you from the date that you file the application, as long as you eventually register your trademark.
The cost and time period to obtain a trademark can vary, but usually takes at least a year and costs around $1000 in fees and legal costs.
A trademark lasts as long as the owner of the mark continues to use it. The registration for the trademark must be renewed every ten years. You must demonstrate during the first ten year period-in the fifth and sixth year that the trademark is being used.
A trademark only protects you in the United States.
You can check to see if a trademark is currently in use by looking in the Thomson & Thomson Trademark Scan. You can reach them directly at 800-692-8833. There is a fee for the search, ranging from $50 to $500.
You can do the search yourself by obtaining a copy of The Directory of Trademarks, usually found in your local library.
For more information and applications, call 703-557-3158
