A trademark could be a word, phrase, or design that identifies the source of a good or service. This word or design, or combination of such things, helps to distinguish the goods or services of one company from those of another. Trademarks are covered under the umbrella of intellectual property law and generally protect the good will of a brand name or logo.

Federal registration of a trademark is not compulsory; however, it is advisable for a variety of reasons. Registration of a trademark on the Principal Registry of the United States provides public notice of the ownership of a particular mark. With a registration on the books the registrant has the right to use the ® symbol beside their trademark and can also bring an action regarding the mark in the U.S. federal court system. Further, the registrant may rely on their U.S. trademark registration to assist them in obtaining trademark registrations in foreign nations. The registered trademark is listed in the U.S. Patent and Trademark Office’s online catalogue of marks, meaning that anyone searching to assess the availability of a mark will easily find any similar prior-registered trademarks.

When a business owner or an entity wants to protect their brand name or logo they typically file an application for registration with the U.S. Patent and Trademark Office. This application is reviewed by an Examiner who conducts a search of current registrations and pending applications to see if any would conflict with the present application. After the search and review the Examiner may issue what is commonly called an Office Action, which is essentially a report of their findings. The applicant may be required to respond to this Office Action. Once any objections are overcome the application is published and will then proceed to allowance. In the United States the mark must be used in interstate commerce in connection with the goods listed in the application before it can actually be issued as a registration.

Because the process of obtaining a registration of a mark can be complex it is best to embark on such an endeavor with the assistance of trademark attorneys. Trademark attorneys make the procedure easier and attorneys can also obtain a registration more quickly. Attorneys can also help ensure better overall protection of the mark and the goods or services with which it is used. A trademark is a valuable asset that is worth protecting.