U.S. Trademark
Your Name, Your Logo, Your Business.
A federal trademark registration gives your business the exclusive right to use your brand name, logo, or slogan in commerce across the United States. Manay CPA manages your USPTO trademark application from comprehensive clearance search through registration — protecting what makes your business recognizable.
- Trademark clearance search, application preparation, and filing included
- Federal registration with the U.S. Patent and Trademark Office
- Available for U.S. and international business owners
Certified for guaranteed quality
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What Is a U.S. Trademark?
A trademark is a word, name, symbol, logo, slogan, or other identifying mark that distinguishes the goods or services of one business from those of others. A federal trademark registration — issued by the U.S. Patent and Trademark Office — gives the owner the exclusive right to use the registered mark in commerce throughout the United States in connection with the goods or services covered by the registration. Without a registered trademark, another business can adopt a confusingly similar name or logo in the same industry and may even be able to prevent you from continuing to use your own brand.
Federal trademark registration provides legal presumption of ownership and exclusive nationwide rights to the mark — rights that are difficult and expensive to enforce without registration. Registering your trademark also gives you the right to use the ® symbol, allows you to record your trademark with U.S. Customs and Border Protection to block infringing imports, and provides the foundation for international trademark registrations through the Madrid Protocol.
STEPS
Steps
Trademark Clearance Search
We conduct a comprehensive clearance search of the USPTO trademark database and common law sources to identify any existing marks that could conflict with your proposed trademark — before any application fees are paid or any application is filed.
Application Strategy and Classification
We determine the correct trademark class or classes for your goods or services under the USPTO’s international classification system, advise on the scope of coverage to maximize protection, and identify whether your mark is eligible for registration as a word mark, design mark, or both.
USPTO Application Preparation and Filing
We prepare your federal trademark application with a complete and accurate description of goods and services, the correct specimen of use or intent-to-use basis, and all required identifying information, and file it with the USPTO through the Trademark Electronic Application System.
Office Action Response and Registration
We monitor your application through the examination process, respond to any USPTO Office Actions that raise procedural or substantive issues, and manage the application through publication, opposition period, and final registration — delivering your registration certificate upon issuance.
Table of Contents
A Business Name Registration Is Not the Same as a Trademark
Many business owners mistakenly believe that registering their business name with the state — as an LLC or corporation name — provides them with trademark rights to that name. State business name registration and federal trademark protection are entirely different. State business name registration simply ensures that no other business can register the same name as a legal entity in that state. It does not give you the right to use the name as a trademark, and it does not prevent a business in another state — or one that operates online — from using the same or a similar name in commerce.
Federal trademark registration provides nationwide priority rights that state registration cannot replicate. Manay CPA advises clients to initiate a trademark clearance search and application as early as possible — ideally before or immediately after business formation — to establish priority rights before a competitor does.
The Clearance Search Is the Most Important Step Before Filing
Filing a trademark application without first conducting a thorough clearance search is one of the most common and costly mistakes in the trademark process. If the USPTO examiner finds a confusingly similar prior registration, the application will be refused. If the prior mark owner objects during the opposition period, the application can be challenged and cancelled. In either case, the application fees are lost and the business may need to rebrand.
A comprehensive clearance search identifies potential conflicts before the application is filed — allowing the business to modify the mark, narrow the goods and services description, or make an informed decision about the risk of proceeding with a potentially conflicting mark. Manay CPA conducts clearance searches before every trademark application as a non-negotiable step in the process.
Intent-to-Use Applications Allow You to File Before You Launch
The USPTO allows businesses to file a trademark application on an intent-to-use basis — meaning the mark has not yet been used in commerce but the applicant has a bona fide intention to use it. This allows a business that is still in development to establish a filing date — and therefore a priority date — before the mark is publicly launched, protecting the brand from the moment the application is filed rather than from the moment the product or service goes to market.
Manay CPA advises clients on whether an intent-to-use or use-in-commerce application is appropriate based on the current stage of the business, and manages the statements of use and extensions that are required to convert an intent-to-use application to a registered trademark after the mark is put into commercial use.
Federal Registration Opens the Door to International Protection
A U.S. federal trademark registration is the prerequisite for filing international trademark applications through the Madrid Protocol — the international trademark system that allows a single application to be extended to more than 100 member countries. For businesses that operate internationally or plan to expand beyond the U.S. market, establishing federal trademark registration first is the most efficient path to global brand protection.
Manay CPA advises clients on international trademark filing strategy and coordinates Madrid Protocol extensions for clients whose brand protection needs go beyond the United States.
FAQ
Frequently Asked Questions about Federal Trademark Registration
How long does it take to get a federal trademark registration?
The USPTO trademark process typically takes eight to twelve months from the date of filing to registration, assuming the application is approved without significant Office Actions or opposition. Applications that receive substantive Office Actions or that are opposed during the publication period can take longer. Manay CPA manages the entire timeline and advises on expected duration at the start of each engagement.
What is a trademark class and which class do I need?
Trademark classes are categories used by the USPTO to organize goods and services covered by trademark registrations. There are 45 international classes — classes 1 through 34 cover goods, and classes 35 through 45 cover services. A trademark application must specify the class or classes that cover the goods or services the mark will be used with. Manay CPA identifies the correct class or classes for your specific business and advises on the scope of coverage that provides the broadest practical protection.
What is the difference between a word mark and a design mark?
A word mark protects the text of your brand name or slogan as words, regardless of the font, style, or design in which they are displayed. A design mark protects a specific logo, stylized text, or graphic element in the exact form shown in the application. Most businesses benefit from registering both — a word mark for the broadest textual protection and a design mark for the specific visual identity. Manay CPA advises on the registration strategy that provides the most comprehensive protection for your brand.
Can I use the ® symbol before my trademark is registered?
No. The ® symbol can only be used after the USPTO has issued a federal trademark registration. Using ® before registration is a misrepresentation to the public and can result in the USPTO refusing or cancelling a registration. Before registration, businesses may use the ™ symbol to indicate a claim of trademark rights, but this symbol does not carry the legal weight of a registered mark.
What happens if my trademark application receives an Office Action?
A USPTO Office Action is an official letter from a trademark examiner raising procedural or substantive issues with the application — such as a likelihood of confusion with a prior mark, a descriptiveness refusal, or a request for additional information. Most Office Actions can be successfully overcome with a well-prepared response. Manay CPA prepares and files responses to all Office Actions as part of the trademark application management service.
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