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