top of page

Trademark Frequently Asked Questions

  • What is a Trademark?
    A trademark is a word, phrase, symbol, and/or design, (a "mark"), that identifies and distinguishes the source of goods. It is how consumers distinguish your product from others on the marketplace. The word "trademark" can refer to both trademarks and service marks. A service mark is a word, phrase, symbol, and/or design, (a "mark"), that identifies and distinguishes the source of services. Filing a trademark application can secure ownership of your brand!
  • Why should I register my trademark?
    Registering your trademark is an important step for protecting your brand identity. Registering your trademark can protect your intellectual property and ensure that no one else can use your name or logo to do business. It is almost always your safest bet to prevent another business from using your logo or name to conduct business.
  • What is eligible for trademark registration?
    Business name Business logo T-shirt brand Stage name Blog/Podcast title App name Catch phrase Title of book series Product name Nonprofit Name Program Title Slogan/Tagline Signature event title
  • What is NOT eligible for trademark registration?
    Ideas Concepts Methods Systems Inventions Names of Songs Name of a single creative work T-shirt designs Ornamental designs Generic words/phrases Widely used messages
  • Can I file my trademark application before I launch my business?
    Using an Intent to Use application, you can file your application before you launch your business. It is the best way to ensure that your trademark is eligible to be registered before you start selling your goods and services.
  • What can happen if I don't register my trademark?
    By choosing not to register your trademark, you could be infringing on the trademark rights of someone else. This means that the trademark owner could insist that you cease and desist from using the trademark, which can be very costly if you have to rebrand as a result. If you do not want anyone to prevent you from using your trademark, or otherwise restrict how you can use your trademark, then it would be worth your while to invest in your business and register your trademark.
  • How do I get started?
    You can either schedule a consultation to get started, or you can purchase the trademark package directly (which also includes a consultation). If you read the FAQ's and you still have questions, then schedule a consultation so you can speak with our attorney. But if you already know that you want to register your trademark, you can get started by purchasing the trademark package directly!

Disclaimer 

The materials contained on this website have been prepared by The A.C. Smith Law Firm, PLLC and are intended for informational purposes only and are not legal advice. Transmission of the information is not intended to create, and receipt does not constitute an attorney-client relationship. This website contains information on legal issues and is not a substitute for legal advice from a qualified attorney licensed in the appropriate jurisdiction. The A.C. Smith Law Firm, PLLC expressly disclaims all liability with respect to actions taken or not taken based on any or all of the contents of this website.

Quick Links

Connect With Us

Email: ariana@acsmithlaw.com

Phone: (646) 247-7317

Mail to: 99 Wall Street, Suite 2434

New York, NY 10005

  • Instagram
  • Facebook
  • LinkedIn

Copyright © 2023 THE A.C. SMITH LAW FIRM, PLLC - All Rights Reserved.

bottom of page