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Trademarks

A trademark is any word, phrase, symbol, design, or a combination of these things that identifies your goods or services, distinguishes them from the goods or services of others, and indicates the source of your goods or services. In short, a trademark is a brand. It is how customers recognize you in the marketplace. The word “trademark” can refer to both trademarks and service marks. A trademark is used for goods, while a service mark is used for services.

A trademark can:

  • Identify the origin of your goods or services.
  • Establish the reputation of your goods or services.
  • Assist in protecting your goods or services from counterfeiting and fraud.

Registration of a trademark is not required in the United States, although there are benefits to obtaining a federal trademark registration through the U.S. Patent and Trademark Office (USPTO). And, unlike patents, trademarks can be renewed as long as they are being used in commerce.

Trademark rights are territorial. Federally registering your trademark in the United States only creates rights throughout the United States and its territories. If you want to protect your trademark in another country, you must register your trademark in that country.

A common misconception is that having a registered trademark means you own a particular word or phrase. This is incorrect. You don’t have rights to the word in general, only to how that word is used with your specific goods or services.

The U.S. Patent and Trademark Office (USPTO) is the federal agency for registering trademarks in the United States and is the best source for information about U.S. trademarks and the federal trademark registration process.

If you have general questions about trademarks, visit USPTO’s Trademark homepage. If you have questions about your application during the examination process, contact your assigned examining attorney.

For general trademark information, explore USPTO’s Trademark Basics and download the Trademark Basics booklet.

For complex questions and for legal advice, you may wish to hire an experienced trademark attorney to assist you. If you are a foreign-domiciled trademark applicant, registrant, or party to a Trademark Trial and Appeal Board proceeding, you must be represented at the USPTO by a U.S.-licensed attorney. Learn more about the benefits of hiring an attorney.

The USPTO cannot provide legal advice nor recommend an attorney.