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File Your Trademark

What are the benefits of filing a trademark?

Increase Brand Value

A trademark is an important business asset that not only offers brand protection but increases in value as that business grows.

Protect intellectual property

Safeguard a business name, slogan, or a brand logo that distinguishes your company and emphasizes its uniqueness.

Marketing Power

A trademark grants the use of the registered trademark symbol () giving your products more marketing power by demonstrating to your competitors and customers that your unique brand is registered and protected.

We make it simple

Our experts will walk you through the process, making the trademark application quick and painless. We even offer an extensive trademark search to ensure your trademark is available for registration before you file.

When Is the best time to file a trademark?

Deciding when to file your trademark is an important decision that depends on many factors. When you form your business, you can claim common law ownership of your name right away, without filing a trademark. However, the name will only be protected in the geographic location that the mark is used and offers only limited protections. In many cases, its wise to start the trademark application as soon as you can, after the corporation or LLC is formed. By filing your trademark early, you can be sure the business name is protected when you start sales.

What is the difference between a trademark and a copyright?

While a trademark is used to protect brand identity, a copyright instead protects original work such as literary, dramatic, musical and artistic arts. This includes protection for novels, movies, songs or computer software. Generally, a copyright lasts for the lifetime of the original author / creator + 70 years while a trademark is effective perpetually, although there are exceptions. You can view our chart below to get a good sense of whether you should file a copyright or a trademark.

What is the difference between a trademark and a patent?

When considering the best method of protecting your intellectual property, its important to understand the difference between a patent and a trademark. Patents are a limited time protection relating to an invention. This includes machines, unique processes, unique and useful industrial processes, or manufactured items. A patent protects the inventor by preventing anyone else from using the process or manufacturing the product for example.

A trademark however does not protect a physical object. Instead, it is designed to protect a word, phrase, symbol and / or Logo that identifies and distinguishes your brand. One other difference is that a trademark never expires, as long as you continue to use the mark.

If for instance you were to start a company based around an invention you created, you may patent the invention itself to prevent others from also creating and selling it. Then, you may also file a trademark to protect your company's logo design from brand infringement.

Is a service mark the same as a trademark?

The difference between a service mark and a trademark are very subtle. In fact, most often the term "trademark" is used to refer to both of these protections. By definition, a trademark is a word, phrase or symbol that identifies a source of goods , while a service mark is a word, phrase, or symbol that identifies a the source of a service, rather than goods.

Trademark or Copyright

What types of intellectual property do trademarks and copyrights protect?

How Do I Protect My:



Unique Logos

Is protected by a trademark Is not protected by a copyright

Business Name : ( McDonalds )

Is protected by a trademark Is not protected by a copyright

Product Name: ( Crest Toothpaste )

Is protected by a trademark Is not protected by a copyright

Unique Service : ( FedEx )

Is protected by a trademark Is not protected by a copyright

Slogans : ( Just Do It. )

Is protected by a trademark Is not protected by a copyright

Song or Album

Is not protected by a trademark Is protected by a copyright

Scripts : ( Movie, TV, Play )

Is not protected by a trademark Is protected by a copyright


Is not protected by a copyright Is protected by a copyright

"One of our primary goals is to make it easy for any small business owner to protect their intellectual property."

Deborah Sweeney - MyCorporation CEO

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Frequently asked questions

Whether your business needs a trademark or a copyright largely depends upon what you want to protect. A trademark protects words, marks, or symbols that identify goods or services offered for sale. The primary business purpose of a trademark is to protect the identity and brand of a product. Some common examples of trademarks include a brand name or a design used on packaging. A copyright protects an original work of authorship fixed in a tangible medium. Common examples of copyright-able works include songs, movies, books, and photos.

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 business name, as distinguished from a trademark, is used in connection with a legal or tax entity (a corporation or LLC, for example). A trademark, on the other hand is used in connection with a product or service, which may, or may not, be the same as an entity's business name. A business name can only be trademarked if it is used to identify a product or service in commerce.

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.

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.

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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