Jeffrey Herman, Attorney
Office: (480) 207-5333


There's a lot to trademarks, more than most people realize, but this page attempts to consolidate everything you ought to know about trademarks before proceeding with Federal Trademark registration.

Trademarks protect symbols, words, and logos used to identify a particular source of products or services. Even a sound (or jingle) can be trademarked!
What are Trademark Rights

There Are Two Types of Trademark Rights:

1. Federal Rights

2. State Rights

As soon as you open your physical or virtual doors, market your brand name, and sell a product or service, you immediately begin to acquire common law (state law) rights in your trademark. Federal trademark rights, which protect your brand throughout the United States, can only be gained by filing a U.S. Trademark Application with the United States Patent and Trademark Office (USPTO)

Federal trademark holders can file a lawsuit in Federal Court,

which has the power to grant injunctive relief, which will legally force an infringing party to cease and desist from using a brand name that is confusingly similar to yours well as provide a financial remedy for damages.

In 2022, a new U.S. Trademark Application typically takes 12-16 months for an allowance.

assuming there are no problems or issues discovered during the examination. Therefore, it is recommended to start with a trademark clearance search to make sure your trademark name is AVAILABLE for registration and to ensure you are not exposing yourself to LIABILITY for trademark infringement!

A trademark is an asset that can be licensed or assigned to others.

Once registered with the USPTO, the trademark is assigned a unique registration number. The registration can be the subject of a license or assignment (purchase) agreement to monetize your brand name and associated goodwill.

Federal trademark holders can display the (R) symbol.

Until trademark registers, the applicant can only display the TM symbol. The (R) symbol is uniquely used to indicate Federal Trademark registration, which commands and demands respect in business.

A Federal Trademark has the potential to last forever so long as it is maintained.

The first maintenance fee is not due until five years have passed from the trademark registration.

A strong trademark is a word or phrase that is unique or arbitrary and does not merely describe the products or services being sold.

Nike, Google, and Apple are examples of solid, strong trademarks. On the other hand, the breathable Mattress as a trademark for a mattress product is an example of a weak trademark because it is descriptive of the product.

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