A trademark is a symbol, word, phrase, design (or even sound or smell) that is used to identify and distinguish goods or services in the marketplace. Trademarks help consumers recognize and associate certain products or services with a particular brand or company. Think of it as your brand's signature.

A trademark identifies and distinguishes the source of goods, while a service mark identifies and distinguishes the source of services. Both serve the same purpose but apply to different types of offerings. For simplicity purposes, we often use the term "trademark" when we are talking about trade or service marks.

Think of it like this: Trademarks protect brand names, logos, and slogans (your identity). Copyrights protect creative works like books, songs, and movies (your creations). Patents protect inventions (your innovations).

When it comes to trademarks, the stronger and more distinctive your mark, the better protected it will be. Here’s a breakdown of the types of marks that are ideal for trademark purposes, ranked from strongest to weakest: 1. Fanciful Marks (Best) Made-up words with no prior meaning, like Kodak or Xerox. These marks are entirely unique and highly distinctive, making them the easiest to protect. 2. Arbitrary Marks Common words used in an unrelated context, like Apple for computers or Amazon for an online store. These marks are also distinctive and strong because they don’t describe the goods or services they’re associated with. 3. Suggestive Marks These marks suggest a characteristic or quality of the goods/services, like Netflix for streaming or Coppertone for sunscreen. They require a bit of imagination to link to the product, making them protectable but not as strong as fanciful or arbitrary marks. 4. Descriptive Marks (Not Ideal) These marks directly describe the goods or services, like Tasty Donuts for a donut shop. Descriptive marks can’t be trademarked on the Primary Register unless they’ve acquired distinctiveness through use over time (secondary meaning), which can be tricky and takes effort. 5. Generic Marks (Weakest) These marks are too generic and refer to the product itself, like Computer for a computer store or Milk for a dairy product. They can’t be trademarked because they don’t serve as a unique identifier. In short: Best for trademarking: Fanciful, Arbitrary, and Suggestive marks. Avoid: Descriptive and Generic marks. They’re harder to protect!

Some things just aren’t eligible for trademark protection. Here’s what won’t make the cut: Generic Terms: Words that are too common, like “coffee” or “computer.” They can’t be owned by one business. Descriptive Terms: Trademarks can’t just describe your product. For example, “Fresh Donuts” for a donut shop is too descriptive to be trademarked on the primary register but they may be trademarked on the supplementary register. Surnames: Using your last name, like “Smith’s Bakery,” usually won’t work unless you’ve built a well-known brand, but they may be trademarked on the supplementary register. Geographic Names: Places, like “Paris Pizza,” can’t be trademarked unless they’re tied to something unique and special. Functional Designs: If something is mainly useful and not unique, like the shape of a tool, it can’t be trademarked. Similar to Existing Trademarks: If your trademark is too similar to someone else’s, you’re out of luck.

Registering your trademark can provide several benefits and protections for your business. Here are some reasons why you should consider registering your trademark: Exclusive rights: Registering your trademark gives you the exclusive right to use the mark in connection with the goods or services you offer. This means that no one else can use a similar mark, which is likely to cause confusion in the marketplace. Legal protection: Registered trademarks are protected by law, so if someone tries to use your trademark without your permission, you can take legal action to stop them. Increased brand recognition: A registered trademark can help increase brand recognition and customer loyalty. It allows your customers to easily identify your products or services and distinguishes them from competitors. Asset value: A registered trademark can be a valuable asset for your business. It can increase the value of your brand and may even be licensed or sold for a profit.

A federal trademark application is filed with the USPTO and a state trademark is filed with a state governing body. A state trademark might be right for you if: You only do business in one state and don’t need nationwide protection. You want a cheaper and faster process. You’re still developing your brand and don’t yet qualify for federal registration. However, if you’re planning to expand or need nationwide protection, a federal trademark is the way to go. It offers stronger protection and legal remedies across the U.S. In short: State trademark = Local protection. Federal trademark = Nationwide protection.

If someone uses your trademark without permission, you can take several actions: Cease and Desist: Send a formal letter requesting they stop using your mark. Negotiation: Engage in discussions to resolve the issue amicably. Legal Action: If necessary, file a lawsuit in federal court to protect your rights.

Trademark Search: The first step in the USPTO trademark process is conducting a thorough search to determine if the desired mark is available for registration and to make sure that there are no similar trademarks already in use. The search process involves a search of the USPTO database, state-registered marks, and common law marks (these are trademarks that have not been registered with the USPTO or at the state level but are still protected under the law). Trademark Application: Once the trademark search is completed and assuming that no major roadblocks have been identified, the next step is to file a trademark application with the USPTO. The application includes information about the trademark owner, a description of the goods or services associated with the mark, a representation of the mark itself, and the filing basis of the mark (in use or intent to use). For an in-use filing basis, evidence of the mark in commerce will also need to be submitted; these are called "specimens". Trademark Examination: After the trademark application is filed, it is assigned to an examining attorney at the USPTO who reviews the application to ensure that it complies with all legal requirements. The examining attorney will also search for any conflicting trademarks that could potentially create confusion in the marketplace. If there are any issues with the application, the examining attorney will issue an Office Action, which outlines the reasons for the rejection and provides an opportunity for the applicant to respond and address the issues. Publication: If the trademark application is approved, it is published in the USPTO's Official Gazette for a 30-day period, during which time any interested party can oppose the registration of the mark. Registration: If there are no oppositions or if the opposition is unsuccessful, the trademark is registered, and a registration certificate is issued by the USPTO. The registration provides the owner with exclusive rights to use the mark in connection with the goods or services specified in the registration, and the owner can take legal action against anyone who infringes on those rights. Notice of Allowance (NOA): If an Intent to Use (ITU) application was filed and your trademark is approved, you’ll receive a Notice of Allowance before the official registration. The NOA means your trademark is almost registered, but you still need to provide proof that you're actually using the mark in commerce within six months of the issuance of the (NOA). Once the deadline rolls around, a Statement of Use is filed confirming that the trademark is in use, and the USPTO will proceed with issuing the final registration certificate, or you will file a six-month extension giving you more time to get the mark into use (trademarks can be extended up to five times with each extension being for six months). The USPTO trademark process can be complex and time-consuming, but having Hit the Mark assist you ensures that your application is filed correctly and that any issues are addressed promptly.

In-Use Trademark Application You’re already using your trademark in commerce and can provide proof. Once approved, your trademark is registered right away. The USPTO defines "use in commerce" as using your trademark in the regular course of business to sell or transport goods or services across state lines (or in more than one state). Intent-to-Use (ITU) Trademark Application You haven’t started using the trademark in commerce yet, but you plan to soon. You don’t need proof right away, but you’ll need to show use later before it’s fully registered. In short: In-Use = You’re using it now. Intent-to-Use = You plan to use it soon.

The Primary Register and the Supplementary Register are two types of trademark registers maintained by the USPTO. Here’s the difference: Primary Register This is the main register for distinctive and unique trademarks. Marks registered here are fully protected and can be enforced nationwide. Your trademark is assumed to be valid, and it can be used with the ® symbol. Supplementary Register This is for trademarks that are not quite distinctive enough to qualify for the Primary Register but are still worth protecting. Provides protection but not as robust as the Principal Register. However, you can use the ® symbol once registered, just like with the Principal Register. Marks here can eventually move to the Primary Register if they become more distinctive over time. In short: Primary Register = Full protection for distinct marks. Supplementary Register = Limited protection for marks that need more time to develop distinctiveness.

Buckle up—it can take 8 to 14 months (or longer) to get full approval, depending on the complexity of the application, potential oppositions, and whether your application has any issues. But the sooner you start, the sooner you lock in your rights!

Yes! Your first renewal is due between years 5-6, then again at 10 years, and every 10 years after that. If you fail to renew, your trademark will be abandoned. If you work with Hit the Mark, we will let you know when your trademark is up for renewal and can help you file your maintenance documents.

If a name is already registered or in use in commerce for similar goods or services, you cannot register it. However, if the existing mark is in a different industry or hasn't been actively used, it might be available. At Hit the Mark, we conduct a comprehensive trademark search before registering your mark to determine availability and discuss any risks of using the name.

™: Indicates a trademark claim on goods. ℠: Indicates a service mark claim on services. ®: Indicates a federally registered trademark or service mark. You can use the ™ or ℠ symbols without registration, but the ® symbol may only be used after your trademark or service mark is officially registered with the USPTO.

An Office Action is a formal letter issued by the USPTO (United States Patent and Trademark Office) in response to a trademark application. It outlines issues or objections the examiner has found with the application and provides a chance for the applicant to address these concerns. There are two main types of Office Actions: Substantive Office Action: This type of action raises issues related to the substance of the application. Common reasons for this type of action include: The trademark is too similar to an existing registered mark (a likelihood of confusion). The mark is considered descriptive and doesn’t function as a unique source identifier. The specimen submitted doesn't show the mark as being used in commerce correctly. Non-Substantive Office Action: This typically deals with minor issues, such as missing information or technical details in the application, like incorrect classification or format problems. Once you receive an Office Action, you will need to respond by addressing the examiner's concerns within three months (although this can be extended to six months for a fee). Failure to respond could result in your application being abandoned.

While you can file a trademark yourself, one wrong step could mean rejection, delays, and wasted money. At Hit the Mark, our trademark attorneys help spot potential pitfalls, respond to issues, and give you the best shot at success.

We believe in pricing transparency and have provided our current pricing schedule for trademark matters on the Pricing page.

At Hit the Mark, we believe in a thorough, transparent, and collaborative approach to securing your trademark. Here’s how we guide you through the process: Free Initial Discovery Call We start with a no-cost discovery call to get to know your business and understand your trademark goals. This is a chance for you to ask questions and for us to explain the trademark process in simple terms. Preliminary Search for Obvious Conflicts We conduct a quick preliminary search to check for any obvious conflicts. This helps us identify any obvious obstacles before moving forward. Comprehensive Search Next, we dig deeper with a comprehensive search using a powerful third-party AI system combined with manual techniques. This gives us a thorough understanding of whether your mark is available and if there are any risks of infringement. Issuance of Opinion Letter & Consultation After the comprehensive search, we issue an opinion letter with our findings. We’ll also set up a phone call to walk you through the results and answer any questions you have. If your mark looks promising, we’ll move forward. Filing the Registration with the USPTO If we believe your trademark is ready for registration, we’ll file your trademark application with the USPTO on your behalf. We’ll keep you informed throughout the process and alert you to any potential issues that may arise. Communication & Deadlines We’re committed to keeping you updated on the progress of your application and ensuring you never miss any critical deadlines. If any issues arise with your application, we’ll communicate them clearly and promptly. Post-Registration Monitoring Once your trademark is registered, we offer third-party watch services to monitor potential conflicts and ensure that no one else tries to use a similar mark without your permission.

Absolutely! At Hit the Mark, we can definitely help you if you've filed a trademark application yourself and received an Office Action from the USPTO. An Office Action is a formal letter from the USPTO that raises issues or objections regarding your application, and responding to it can sometimes be tricky. We’re here to help you understand the specifics of the action and guide you through crafting a clear, effective response. Whether the issue is related to: Descriptiveness Likelihood of confusion with another mark Inadequate specimens Or any other technical or legal concern We’ll review the Office Action thoroughly, explain the details, and help you draft a comprehensive response to address the USPTO's concerns. If necessary, we’ll work directly with you to ensure you meet all the deadlines and provide the proper documentation.

Yes, Hit the Mark can represent you in a trademark dispute—without litigation. While we don’t engage in formal litigation, we are here to help with: Negotiating settlements: If you're facing a dispute over your trademark, we can assist in negotiating a resolution with the other party to avoid costly and time-consuming court battles. Representing you before the TTAB: If you're involved in an opposition or cancellation proceeding, we can represent you before the Trademark Trial and Appeal Board (TTAB) and help you navigate the process effectively. We’re here to help protect your trademark rights and work toward a solution that works for you, without resorting to litigation.

Yes, Hit the Mark can represent you before the Trademark Trial and Appeal Board (TTAB)! If your trademark application faces an opposition or cancellation proceeding, or if you need to appeal a decision made by the USPTO examining attorney, we’re here to help. We can assist with: Handling oppositions: If someone is challenging your trademark application during the opposition period, we’ll guide you through the process of defending your mark. Filing appeals: If the USPTO refuses your trademark application, we can help you file an appeal to the TTAB. Cancellation proceedings: If you believe someone’s registered mark is invalid, we can help you file for cancellation before the TTAB.