A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods. Related is a service mark which is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product.

Trademarks (TM) or service marks (SM) may be used at any time, even if you haven't applied with the United States Patent and Trademark Office (“USPTO”) for a registration. However, you may only use the federal registration symbol "®" after the USPTO officially registers the mark -- not while an application is pending.

While it is possible to apply for a federal trademark without representation, we recommend you enlist a trademark attorney to assist with the process, including drafting the application, filing the necessary paperwork, and responding to the USPTO’s objections.

We offer a full range of intellectual property assistance, including a prior use search, preparation, filing, and prosecution of the trademark application, domestically and world-wide. Furthermore, if needed, we are here to help you devise an intellectual property strategy to defend your firm from another's marks or to license use of your mark to other companies.

Please call or e-mail us to schedule an appointment with one our trademark associates to discuss the proper steps in obtaining a trademark for you or your business.