Trademark Tools and Resources

Trademark laws protect:

• Symbols
• Names
• Logos
• Short phrases

Trademarks allow companies to identify the source of goods and services they offer and distinguish themselves from others providing similar goods and services. So, the main goal of trademark laws is to prevent confusion among the public about the source of certain goods or services.

A company that wants to get trademark protection isn't required to follow formal procedures, such as going through federal registration with the United States Patent and Trademark Office (USPTO). The company must only show that they use the mark in a business or commercial setting.

There are benefits to registering with the USPTO, including the legal presumption that the registrant owns a particular mark. It also gives the registrant the ability to file a lawsuit in federal court in the event of trademark infringement.

As a startup or entrepreneur, it is common to have questions about where to begin and how to protect your company. This article will provide various trademark tools and resources to help you understand more about trademarks and the trademark registration process.

Trademark Forms

Below are various forms that relate to trademark law, from questions to consider before registering for a trademark to a checklist of documents you should collect when you want to trademark your business name.

• Checklist: Documents to Collect When Trademarking Your Business Name: A list of documents needed to register your trademark.
• Trademark Search Questionnaire: A questionnaire that identifies the information you must search for when choosing a brand name.
• Trademark Registration: Questions to Ask: A form to help you identify and answer issues that may arise when you apply to register your trademark.
• Sample Document: Filing for Transfer of Trademarked Business Name: A sample form business owners may fill out when registering or transferring a business name.

Trademark Laws

Here are the laws that govern trademarks in the U.S.

You can also find a link to the Madrid Protocol in this list, which applies to international trademark registration.

• U.S. Code, Title 15, Ch. 22, Subchapter I: The Principal Register —

Statues relating to a trademark's principal register.

• U.S. Code, Title 15, Ch. 22, Subchapter II: The Supplemental Register —

Statutes relating to a trademark's supplemental register.

• U.S. Code, Title 15, Ch. 22, Subchapter III: General Provisions —

Statutes that relate to the general provisions governing trademarks.

• U.S. Code, Title 15, Ch. 22, Subchapter IV: The Madrid Protocol —

Statutes relating to international trademark protection applications.

• State Trademark Information —

Information about trademarks specific to each state and the District of Columbia.

U.S. Patent and Trademark Office (USPTO) Resources

As mentioned, you don't have to register with the USPTO for trademark protection. But, registration offers certain advantages, like national recognition and the ability to sue in federal court. The USPTO offers helpful information about trademarks.

• USPTO — Trademarks — The home page offers various trademark tools and links, as well as news and updates about trademarks.
• Trademark FAQs — This is a FAQ about various aspects of trademarks, including filing for trademark registration with the USPTO and maintaining a trademark.
• Trademark Electronic Application System (TEAS) — The USPTO online filing system for trademark applications.
• Trademark Electronic Search System (TESS) — The online U.S. trademark database allows users to search for and access information about registered trademarks.
• Trademarks Official Gazette (TMOG) — This gives information on each registered mark, as well as a list of renewed and canceled registrations. This publication also prints proposed marks for 30 days to allow an interested party to file an opposition to it.
• Trademark Trial and Appeal Board (TTAB) Assistance Center — The TTAB Assistance Center is open Monday - Friday, 8:30 a.m. - 5 p.m. EST via phone or email at TTABInfo@uspto.gov. The Center helps with various TTAB-related issues, such as filing documents in the TTAB proceeding process, filing fees, and more.
• Trademark Registration Toolkit — This comprehensive step-by-step guide helps businesses with trademark registration.
• Trademark Initial Application Form

State-Level Resources for Trademark Registration

State and local governments offer their own resources for state-level registration of trademarks or service marks. The USPTO has compiled an online list of contact information for the individual state trademark offices.

More Trademark Organizations

The following resources will help you learn about trademarks abroad.

• Canadian Intellectual Property Office – Trademarks — This is the Canadian government site where you can learn about trademarks and apply for trademark protection in Canada.
• U.K. Intellectual Property – Trademarks — This is the U.K. government site where you can learn about trademarks, apply for trademark protection, and search for a trademark.
• World Intellectual Property Organization (WIPO) — This global organization provides information, policy, and services to protect intellectual property worldwide.
• European Union Intellectual Property Office (EUIPO) — This organization protects trademarks in the European Union.

Getting Legal Advice

Protecting the quality of your goods and services and ensuring that your brand is distinguishable from others is very important for a small business. Suppose you have questions about the trademark tools or resources provided above or more general questions about trademark rights. You should contact a local trademark attorney for guidance.

For more information and resources about this topic, visit FindLaw's Trademarks section.