Trademarking your name, slogan or logo provides you with many benefits and puts you in a better standing to protect that Trademark from being used by someone else. Filing for Trademark protection gives the Trademark owner a nationwide priority to use the TM anywhere in the US. Filing a TM also provides notice to all businesses in the US that you are claiming rights to that name, slogan or logo. Registering a TM allows other businesses to easily search the USPTO data base to see that someone else is using the name and therefore, discourage them from using your TM.

Filing also gives the TM owner the right to sue in federal courts, provides more remedies in the case of TM infringement, gives you the right to use the Registered Trademark symbol and allows you to file the TM in other countries as well.

If you rely on a common law trademark you will not receive any of the benefits of a federal trademark registration. Even if another business is diligent in searching to see if someone else is using the name they want to use, they may not be aware that you are already using the  you will be in a much better position to prevent someone else from using your Trademark if it is registered.

We highly recommend an extensive Trademark Search before filing the Trademark application. The way Trademark rights work is whoever is the first in time to use the mark has priority over anyone else who comes later to use it. Therefore, while registering the mark with the USPTO is highly beneficial it will not give you priority over anyone else who may have been using the mark before you, but did not register it.

A Trademark Search will not only examine existing Trademarks registered with the USPTO but will also search for any similar marks being used across the nation. This is an exhaustive search of dozens of databases to determine if there are any potential conflicts. This is often called a Common Law Search.

AMC Legal can perform this comprehensive search for you for $500. Though the search cannot guarantee approval, it will give a good indication of the mark’s availability. You will get the results of the Trademark search in writing in approximately 1 week.

Keep in mind, if your mark is rejected by the USPTO, they do not refund the filing fee.

You may come across terms like “knockout search,” “preliminary search,” or “database search” when researching trademarks. These are often low-cost or free searches that pull results from the USPTO and other databases.

While these searches can be a helpful starting point, they typically generate a large volume of results without explaining what they mean. Not every similar name creates a legal issue, and not every difference makes a name safe to use. The key question is whether another mark is likely to cause confusion in the marketplace.

A database search on its own provides raw data. Having an attorney review the results adds an important layer of analysis. Instead of simply providing a list of names, an attorney evaluates which results are actually relevant, identifies potential risks, and explains how those risks may affect your ability to register and use your trademark.

This allows you to move forward with a clearer understanding of your options and make a more informed decision about your brand.

Understanding the results is just as important as running the search itself.

When filing a Trademark application with the United States Patent and Trademark Office (USPTO) it is necessary to select one or more “classes” of goods or services.

A class is simply a category used by the United States Patent and Trademark Office USPTO to organize different types of products and services. For example, clothing falls under Class 25, while legal services fall under Class 45. Classes 1–34 cover goods, and classes 35–45 cover services.

Classes help define your application, but they do not strictly limit your rights. Trademark protection is based on whether another name is likely to cause confusion in the marketplace. This means your rights can extend beyond your specific class to related goods or services offered in similar channels of trade.

At the same time, registering in additional classes can expand the scope of your protection, especially if your brand is used across different types of products or services. Each class requires a separate filing fee.

Choosing the correct class or classes is an important part of the application and can affect both the strength and scope of your trademark protection.

Free trademark searches can be a helpful starting point, but they are often limited and should not be relied on by themselves when making a final decision about your brand.

Most free tools only search exact matches or registered trademarks in the United States Patent and Trademark Office (USPTO) database. They typically do not account for similar names, variations in spelling, or marks that may create a likelihood of confusion.

They also do not identify unregistered “common law” uses, which can still have priority based on earlier use in commerce.

A comprehensive trademark search goes much further. It reviews variations of your name, similar-sounding marks, and use across multiple databases, multiple industries, and sources to identify potential risks before you file.

While no search can guarantee approval, a more thorough review provides a much clearer picture of your trademark’s availability and helps you make an informed decision. 

AMC Legal can prepare and submit your application on your behalf. All you would need to do is answer some questions and provide a sample of your Trademark. A business card, brochure or packaging containing your Trademark would be sufficient for the application.

Once the application is submitted, the USPTO will examine your Trademark to verify that it is unique. Once it passes the examiner, it will need to be published once a week for 4 weeks to provide notice to the public. If no one contends the mark, then your mark will be approved.

If the application is denied, the determination may be appealed. There is no refund of the application fee if this occurs. That is why it is a good idea to do an extensive Trademark search before filing the application.

AMC Legal can prepare and submit your application on your behalf. All you would need to do is answer some questions and provide a sample of your Trademark. A business card, brochure or packaging containing your Trademark would be sufficient for the application.

Once the application is submitted, the USPTO will examine your Trademark to verify that it is unique. Once it passes the examiner, it will need to be published once a week for 4 weeks to provide notice to the public. If no one contends the mark, then your mark will be approved.

If the application is denied, the determination may be appealed. There is no refund of the application fee if this occurs. That is why it is a good idea to do an extensive Trademark search before filing the application.

5 years from registration you must submit an affidavit of continued use. 10 years after you must file to renew the mark.

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The more distinctive the Trademark the easier it is to protect. A made up word for a business name such as Kodak or Exxon are the strongest types of names to trademark. The weakest are descriptive names such as Best Plumbing. These types of names must spend years in the market and take on a secondary meaning in order to have protection. Keep this in mind when choosing your company name.

he best way to protect a Trademark is to first register it with the US Patent and Trademark Office (USPTO). This will give notice to the whole nation that you are claiming Trademark rights in your name, logo or slogan and it will afford you additional rights that you would not otherwise have.

You must also be vigilant in checking to see if anyone else is using your mark and prevent them from doing so. If you see someone using your mark and you allow them to continue using it you may be waiving your rights to stop them at a later time.