FAQ
Trademark questions, answered plainly
Everything about the free check, registration, costs and protection. If you do not find your answer, call and an attorney will answer it.
Twenty-four questions about the free trademark check, trademark basics, the registration process, costs and fees, protection and timing.
Free trademark check
How do I find out if a trademark is already taken?
Run the free trademark check at trademarky.io/free-trademark-search. Enter the name, slogan, or logo you want to protect and we screen U.S. trademark records for exact and similar marks in seconds, then show you the closest live conflicts.
Is the trademark check really free?
Yes. There is no charge and no account. You can check as many names as you like before deciding whether to file anything.
What does the free check look at?
It screens U.S. trademark records for exact and look-alike marks, tells you whether they are live or abandoned, suggests the classes that fit what you sell, and checks matching domain names. It is an AI-assisted preliminary screening, not a comprehensive clearance search. State registrations and unregistered common-law marks are covered by the attorney-reviewed search included when you file.
How accurate is the free check?
It is a strong first read, not a final answer. Before anything is filed, a licensed attorney reviews a comprehensive search and tells you what the screening could not, including risks that depend on how the mark is used and in which classes.
Trademark basics
What is a trademark?
A trademark is a word, phrase, symbol, design, or combination that identifies the source of goods or services. It is how customers recognize your brand, and registration stops others from using a confusingly similar mark for related goods or services.
What is the difference between ™ and ®?
™ can be used with any mark you claim rights in, registered or not. ® is reserved for marks the USPTO has federally registered, and using it before registration is unlawful. Federal registration gives the strongest protection.
Do I need to trademark my business name?
It is not legally required, but registration gives you nationwide rights, a legal presumption of ownership, the ability to sue in federal court, and a public record that deters others from adopting a similar name in your industry.
Can I trademark a logo and a name together?
Yes, as a combined mark. Separate registrations are usually the better choice, because each element is then protected on its own, so you can update the logo without weakening protection for the name. Your attorney will recommend the right approach on your call.
Registration process
How long does trademark registration take?
We file within two business days of a completed intake. The USPTO then takes about 8 to 12 months to examine and register a straightforward application. Intent-to-use applications add a statement of use at the end and can take longer.
What are the steps to register a trademark?
Free check and report, a free attorney consultation, intake and attorney preparation of the application, filing with the USPTO, USPTO examination, publication for opposition (30 days), and registration. Intent-to-use applications also require a statement of use before the certificate issues.
Can I register a trademark myself without a lawyer?
Yes, you can file pro se. Attorney-filed applications are approved far more often, because an attorney chooses the right filing basis and classes, writes the goods and services description the way examiners expect, and handles the office actions that trip up self-filed applications.
What happens if my application gets an office action?
An office action is a letter from the USPTO examining attorney describing an issue, such as likelihood of confusion or descriptiveness. You typically have several months to respond. Responses to non-technical office actions are included in our flat fee; complex responses are quoted before any work begins.
Which office action letters does Trademarky handle as part of its fee?
Trademarky handles every issue the USPTO raises during examination, except where actual litigation is commenced by the USPTO itself or by a third party seeking to prevent the registration of your name, logo or slogan. Litigation is very costly and is not covered by our standard fees.
Costs and fees
How much does it cost to trademark a name?
Our attorney fee is $450 for the first application and $300 for each further one in the same order, whatever the class count. The USPTO filing fee is $350 per class and is passed through at cost. One mark in one class comes to $800; the name and logo together are $1,450. No hourly charges, no hidden fees.
What are the USPTO trademark fees?
The USPTO charges $350 to file an application. Later filings such as a statement of use for intent-to-use applications and post-registration maintenance documents carry separate USPTO fees, which we tell you about before they are due.
Is there a money-back guarantee?
Yes. If the USPTO refuses your application because of a conflicting mark that our search should have found, we refund the attorney fee you paid for that application. USPTO fees go to the government and are never refundable.
Are there ongoing costs after registration?
To keep a registration alive you file maintenance documents with the USPTO between years five and six, and again every ten years. The USPTO sets those fees separately. We send reminders well ahead of each deadline.
Trademark protection
How long does a trademark last?
Indefinitely, as long as you keep using the mark in commerce and file the required maintenance documents. The initial registration runs ten years and renews every ten years after that.
Does a trademark protect me nationwide?
Yes. Federal registration gives you exclusive rights throughout the United States for your goods or services. Common-law rights, by contrast, are usually limited to the area where you actually operate.
What can I do if someone infringes my trademark?
With a registered mark you can send a cease and desist letter, sue in federal court, seek damages and profits, obtain an injunction, and in some cases recover attorney fees. Registration also lets you record the mark with U.S. Customs and online marketplaces.
Does my U.S. trademark protect me internationally?
No. Trademark rights are territorial. A U.S. registration protects you in the United States. For other countries you file there directly or through the Madrid Protocol, which lets you extend a U.S. application to many countries at once.
Timing and requirements
When should I trademark my business name?
As early as you can. Filing establishes your priority date, and the longer you wait the greater the chance someone registers something similar first. Many founders file before launch using an intent-to-use application.
Can I use my trademark while the application is pending?
Yes. Use ™ while the application is pending. You may only use ® once the USPTO registers the mark.
What is intent to use versus use in commerce?
Use in commerce (Section 1(a)) means you are already selling under the mark and can show proof. Intent to use (Section 1(b)) reserves your priority date before launch; you then file a statement of use once sales begin. Your attorney chooses the right basis with you.
How do I prove use in commerce?
With a specimen showing the mark as customers see it: product labels or packaging for goods, or a website, advertisement, or signage for services. Your attorney reviews the specimen before filing so it meets USPTO requirements.
Contact
Trademarky, LLC, 78 SW 7th St, 5th FL, Miami, FL 33130. (305) 562-6800, hello@trademarky.io. Monday to Friday, 9am to 5pm ET. Available by appointment.
This free check is an AI-assisted preliminary screening against known U.S. trademark records. It is not a comprehensive clearance search and not legal advice. Only a licensed attorney can advise you on whether to file.