First Register. Then Launch.

What is a trademark? A “registered trademark”, or ®, refers to a name, logo, slogan, phrase, design or jingle used to advertise a product or service and is officially registered with the United States Patent and Trademark Office (USPTO). Prominent trademark examples include Coca-Cola®, Under Armour®, It’s finger lickin’ good!®, Just do it® and America runs on Dunkin’®.

What is the difference between a business name and a trademark? While a business name is the official registered name, a trademark is a form of legal protection for the business to operate with complete ownership. It prohibits other businesses to use similar trademarks and promotes brand loyalty with consumers.

What is trademark research and why do I need it? Before filing a trademark application online, it is imperative to conduct a comprehensive search against your proposed trademark. This is basically a search of public and/or private databases to ensure availability of the desired trademark, eliminating the possibility of copyright infringement and other relevant expensive mistakes. We recommend using the free trademark search on trademarkexecutive.com to add confidence and commitment to your application.

How long does it take to file a trademark application? Using the automated search and filing engine available on trademarkexecutive.com, we complete the filing process in about 2-3 business days. Please note that the USPTO usually takes a minimum of 6-8 months to register a trademark and we keep you informed in a timely manner.

What should I know before using this website? All the information published on trademarkexecutive.com is in no shape or form, legal advice and does not constitute a law firm. SWIFT website does not claim to be a substitute for attorney and should only be referred to if one is looking for general information relating to trademarks, patents, and copyright. trademarkexecutive.com does not and cannot guarantee that your application with the USPTO will be approved or any other favorable outcome.

Can I get both my service and product trademarked? Yes. Using our simple, 3-step process, you can get both services and products trademarked. However, the application prerequisites and approval timelines vary from case to case.

Can I get a trademark for my logo or symbol? Yes. Using our simple, 3-step process, you can get both a logo and/or a symbol trademarked. We do recommend speaking to our application experts to know more on the filing prerequisites which vary from case to case.

How can I carry out a trademark search on trademarkexecutive.com? Simply use our homepage to enter your search query in the search bar and start your research for free today

Can I get legal help or litigation advice from trademarkexecutive.com? Although we offer end-to-end trademark registration services to all our customers, we do not in form or shape replace a full-services attorney or legal aid services. We offer affordable and transparent services to business owners and companies who cannot afford legal representation. We offer complete assistance with your trademark filing with USPTO but do not guarantee its approval. An application approval and approval timeline is a right reserved by the USPTO and USPTO alone. Furthermore, trademarkexecutive.com cannot guarantee that your trademark will never be used by another entity but once accepted by USPTO, you and your assets are protected and hold more ground if a legal claim should surface.

What is the meaning of the many marks out there? More or less, you are open to register for any of the following marks depending on the requirement. © is an abbreviation for copyright; used by creators of literature, film, art and/or music. TM signifies a trademark; applicable for words, logos, numbers, letters, colours, a phrase, sound, scent, shape, picture, aspect of packaging or branding – or any combination thereof. (R) signifies a registered trademark; applicable for legal ownership of your trademarks for goods and/or services. SM represents a service mark; used to distinguish ‘services’ and the source itself rather than goods.

What is the difference between ‘actual use’ and ‘intent-to-use’? An application which represents the use of the product and/or service in-question already in action is represented by the ‘actual use’ application. Whereas an ‘intent-to-use’ application signifies a product and/or service yet to be advertised and commercialized. Once after the trademark has been used for a product or service, you can file a ‘Statement of Use/Amendments to Allege Use’ with drawings and a copy of specimen showing its actual use.

What information is required to register for a trademark? The trademark registration process is a legal proceeding governed by US law and the requirements may vary from case to case or might even depend on the state involved. However, the following information is required irrespective:

I already have a domain name, why do I need a trademark? Owning a domain name does not necessarily give you ownership to that particular name. There is always a possibility of multiple businesses with the same name and thus a trademark helps you to not only establish your unique identity but enforce it globally. A trademark registration will prevent others from using a same or similar name, anywhere across the US.

My business has a slogan. Do I need to register it as well? Just like your logo, company name, your slogan too needs protection, many business and international companies have trademarked their slogans, catch phrases and/or taglines. However, it is recommended to refrain from applying against common-use words/phrases as they come with a low chance of approval from the USPTO.

What is the validity of a trademark? From the date of the filed-application, your trademark is yours to own for a period of ten (10) years. USPTO offers renewal for another decade if filed at your earliest or no later than 6 months after its expiration.

Why was my application rejected? There can be a number of reasons as to why the USPTO might reject your application but commonly the following reasons might be involved:

Is software a good or service? Legally, software is considered a product and not a service but it is recommended to select the appropriate class when filing the application. It may vary from case to case especially when software is sold as a service (SaaS).

Can I trademark my given, birth and/or surname? No. Though it might not be illegal to apply for such a trademark, it is discouraged and most services will not entertain such an application request. However a few celebrity cases in regard to personal branding of exclusive lines have been entertained more often than not.