Skip to Main Content

Trademarks

General information about trademarks and how to search for them.

Trademark Application Process

The USPTO website outlines the process for applying for federal trademark protection.

Additional Resources on USPTO's Website:

Common Grounds for Refusal

Likelihood of confusion - Similar in sound, appearance, or meaning to another trademark associated with related goods and services.

Merely descriptive or deceptively misdescriptive - describes or misdescribes an ingredient, quality, characteristic, function, feature, purpose or use of the specified goods or services.

Primarily geographically descriptive or misdescriptive - the mark identifies the geographic origin of the goods or services or consumers would likely think the goods or services originated from the geographic location or the primary significance of the mark is geographic.

Primarily merely a surname - the primary significance to the purchasing public is a surname.

Ornamentation - the mark is merely a decorative feature or part of the "dress" of the goods.

Source: Possible Grounds for Refusal of a Mark

Why Use an Attorney?

 A trademark attorney can help you before, during, and after the trademark application process and may save you from:

  • Costly legal problems
  • Issues that may impact your trademark rights
  • Refusal to register your trademark

Attorneys can also help you police and enforce your trademark rights after your mark has been issued.

You can contact your local or state bar association's attorney referral service or consult your local phone directory to find lawyers in your area: see the American Bar Association’s Consumers’ Guide to Legal Help.

Basis for Filing

"use in commerce" - you have already used your mark for all identified goods and services for interstate commerce or between the United States and a territory or foreign country

"intent to use" - you have used some but not all of your identified goods and services in commerce or are almost ready to use them (i.e. you have a business plan, sample products, or have taken other steps towards use in commerce)

Source: Basis for Filing