Trade Marks

Frequently Asked Questions

To have the broadest possible protection, yes. Depending on how they are used, typically your name and your logo are considered two different trademarks so protecting one likely does not automatically protect the other. If you only have the ability to file one trademark application at the moment, we can discuss your options and determine what trademark application to prioritize.
Registering a business entity is not the same thing as applying for federal trademark protection. While registering a business entity name in your state of choice may prevent someone else from being able to register to use that exact name in that state, this is more of a state administrative protection (i.e. prevents confusion related to two entities’ state filing fees, taxes, etc.). It does not necessarily stop another person/entity from using your name, or a very similar name, to sell goods or services to the public.
The actual process of putting together your trademark application can move very quickly. Typically, depending on your availability and ability to put together the necessary items for the application, it takes 1-2 weeks from the time you engage our firm to get a trademark application ready for filing. Once the application is with the United States Patent and Trademark Office (the USPTO), the process slows down significantly. Depending on the type of trademark application you file, there will be different milestones throughout the process, which can shorten or lengthen your wait time. On average, though, it can take from 1.5 yrs.- 2 yrs. from the time of filing to receive your trademark registration. The trademark application process is a marathon, not a sprint, which is why it’s best to get started as early as you can, ideally before you even open your business.
Unfortunately, the answer to this is “probably not.” The standard for trademark infringement is “confusingly similar.” There are a variety of factors to consider when determining whether your mark and another’s mark are “confusingly similar.” You can’t just stop anyone and everyone from using a similar mark unless it is “confusingly similar” under the relevant legal standards. For instance, when you apply for a trademark, your application requires that you apply to be in certain classes, or categories (i.e. if you are going to sell clothing, your application will need to at least be in Class 25 for apparel). You don’t get to just apply for your name or logo without limiting it to the classes of goods or services which you actually sell. This means that there could be other parties out there using the same or a similar name to you but the types of goods/services they are selling are widely different (i.e. they sell car parts and you sell clothes). It’s possible that they will not be considered “confusingly similar” and, thus, you cannot use your trademark rights to stop their use of their mark. In very limited instances, a mark (such as Apple or Nike) may reach a certain level of “fame” that gives them broader protection to stop people from using their name, but these kinds of rights are very hard to acquire and likely will not apply.