Answering Your Trademark Questions
Although the United States Patent and Trademark Office (USPTO) provides detailed trademark registration information online, it can be difficult to sift through it and apply this information to your unique situation.
At Gordon E. R. Troy, PC, we understand how confusing the trademark application process can be, which is why we are including answers to questions that we frequently hear during consultations with clients in the United States and overseas. We invite you to read through this FAQ to learn more about the process and common concerns you may face as you try to register your mark.
If I want to sell my product internationally, do I need a new trademark? Or does my U.S. trademark protect me?
Business owners with stateside and international interests need to register their trademarks both in the U.S. and abroad. The protections conferred by a U.S. trademark do not extend outside the U.S. At Gordon E. R. Troy, PC, we are well-versed in the trademark registration process in foreign countries. Please review our section on foreign trademark applications to learn more about our legal services and their costs.
How long after I register a mark do I have to start using it?
If you are filing a mark you intend to use in the future, you need to submit an intent-to-use application. Marks must be in use in order to be registered. With an intent-to-use application, you will have three years from the date your mark is approved for registration (which occurs upon completion of publication) within which to commence use. Once you commence use, you are required to submit a Statement of Use.
How often does my trademark need to be renewed?
You need to renew your trademark every 10 years. This timeline applies for trademarks registered in the U.S. and in foreign countries. However, for U.S. Registrations, you must file a Declaration of Use and/or Excusable Nonuse in the sixth year following the registration date.
Can I trademark a slogan or saying associated with my business?
Many slogans can be registered as trademarks. If your mark is distinctive, creative, and used regularly, you may want to consider filing a trademark application. Slogans that are not generally eligible for trademark protection include slogans that only describe a business’s services or products or slogans that are meant only to adorn t-shirts rather than identify the source of goods and services. If your slogan contains a design element, the design may be protected through a copyright rather than a trademark.
Do You Have Other Questions? Contact Us Today.
It can be difficult to determine the correct legal approach to take if you are not familiar with trademark eligibility requirements. When you work with us on your matter, we will thoroughly explain your options so that you feel confident you are pursuing the best course of action for your situation.