Once you conduct a search and determine that your business name or logo is unique, protect it by applying for a trademark.
Claim your name and protect your business identity by filing a federal trademark application.
By filing a trademark application and registering it with the United States Patent and Trademark Office ( USPTO ), a business can help protect their identity and prevent others from using their mark. Owning a trademark also helps customers easily identify goods and services in the marketplace.
A trademark is an important business asset that increases in value as that business and brand grows. It can be a name, a design, or a logo that distinguishes a company and emphasizes its uniqueness.
We can help you file a trademark application with the USPTO today and manage the application throughout the registration process.
File a trademark application online with MyCorporation starting at $149
*To file you must give MyCorporation permission to use the credit card provided to pay the USPTO fee of $325/international class directly with the USPTOGet Started
The "" notice can be placed on products anytime, up and until the mark is registered with the USPTO and shows that the trademark is protected under the common law. The ® notice can only be place on a product after the mark is registered with the USPTO and shows that the trademark is protected under federal law. This added layer of protection typically gives the owner access to the federal courts and additional remedies for infringement violations.
A trademark typically associates the identity of a product with an image (logo) or phrase (text), while a service mark associates the identify of a service with an image or phrase. Prior to registration a trademark can be identified with a "" and a service mark can be identified with an "SM." After the service mark is registered it can be identified with a ®.
It typically takes anywhere between 9-16 months to proceed through the application/registration process and obtain a registration certificate.
A common ground for refusal is likelihood of confusion between the applicant's mark and a registered mark. Marks which are merely descriptive in relation to the applicant's goods or services, or a feature of the goods or services, may also be refused. Marks consisting of geographic terms or surnames may also be refused. Marks may be refused for other reasons as well.
A specimen is an example of how a trademark is used on or in connection with goods and/or services. For a product or good, specimens might include labels, tags, or containers. For a service mark, a specimen may include advertising such as magazine advertisements or brochures. Specimens are required to be filed with applications that are based on actual use in commerce. Specimens are also required to be filed with intent-to-use applications once the mark is used in commerce.
Goods and services fall into one of 45 international classes with the USPTO. Each class is a category of goods or services into which the USPTO places the trademark.
Class 1: Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.
Class 2: Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordents; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists.
Class 3: Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.
Class 4: Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles, wicks.
Class 5: Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.
Class 6: Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores.
Class 7: Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements (other than hand-operated); incubators for eggs.
Class 8: Hand tools and implements (hand-operated); cutlery; side arms; razors.
Class 9: Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus.
Class 10: Surgical, medical, dental, and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials.
Class 11: Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.
Class 12: Vehicles; apparatus for locomotion by land, air or water.
Class 13: Firearms; ammunition and projectiles; explosives; fireworks.
Class 14: Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewelry, precious stones; horological and chronometric instruments.
Class 15: Musical instruments.
Class 16: Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); playing cards; printers' type; printing blocks.
Class 17: Rubber, gutta-percha, gum, asbestos, mica, and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal.
Class 18: Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and traveling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery.
Class 19: Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal.
Class 20: Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum, and substitutes for all these materials, or of plastics.
Class 21: Household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steel wool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes.
Class 22: Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks, and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials.
Class 23: Yarns and threads, for textile use.
Class 24: Textiles and textile goods, not included in other classes; bed and table covers.
Class 25: Clothing, footwear, headgear.
Class 26: Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers.
Class 27: Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile).
Class 28: Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees.
Class 29: Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats.
Class 30: Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice.
Class 31: Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt.
Class 32: Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.
Class 33: Alcoholic beverages (except beers).
Class 34: Tobacco; smokers' articles; matches.
Services Classes 35-45
Class 35: Advertising; business management; business administration; office functions.
Class 36: Insurance; financial affairs; monetary affairs; real estate affairs.
Class 37: Building construction; repair; installation services.
Class 38: Telecommunications.
Class 39: Transport; packaging and storage of goods; travel arrangement.
Class 40: Treatment of materials.
Class 41: Education; providing of training; entertainment; sporting and cultural activities.
Class 42: Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software; legal services.
Class 43: Services for providing food and drink; temporary accommodation.
Class 44: Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.
Class 45: Personal and social services rendered by others to meet the needs of individuals; security services for the protection of property and individuals.
The person signing an application must be the applicant or a person with authority to bind the applicant.
Plain text is usually selected when a mark only consists of words, letters, or numbers without a claim to any particular design element, font, style, size, or color.
Stylized text, Design, or Logo:
Stylized text is usually selected when a mark consists of words, letters, or numbers with a claim to a particular font, style, size or color. When making this selection, a mark will generally only be protected in the specified font, style, size, or color.
A design or logo is selected when there is a stylized design that will be used to identify the applicant's product. The design or logo may appear by itself or with words, letters, or numbers.
An applicant can select "Intends to Use" when he or she has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services. This is the appropriate choice when an applicant has not yet used their mark in connection with goods and/or services, but will do so in the future.
Note: If an application is filed with an "Intends to Use" designation, the applicant will be required to file a "Statement of Use" when the mark is first used in commerce at a cost of $100 per class.
An applicant can select "In Use" when he or she is using the mark in commerce in connection with the identified goods and/or services. Note: If an "In Use" designation is selected, MyCorporation will contact you to obtain a JPEG specimen of your mark being used in commerce.
This is the date on which the applicant first used the mark in commerce anywhere. Some examples of use in commerce include: placing a label on a product with the mark, advertising a product in a commercial using a mark, or placing the mark on a company sign that is displayed to the public. If the specific date is unknown, the month and year or just the year may be entered.
This is the date on which the applicant first used the mark in commerce which might have resulted in commerce across state lines. Some examples of use in commerce across state lines include: placing a label with the mark on a product that could have potentially crossed state lines or advertising a product in a commercial using the mark that may be seen across state lines. If the specific date is unknown, the month and year or just the year may be entered.
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