Trademark Search & Registration
Trademark Benefits at a Glance
| Protection & Rights | Details |
|---|---|
| ✅ Federal Trademark Protection | Protects logos, words, symbols, designs tied to goods or services |
| ✅ Prima Facie Ownership | Courts accept your ownership without further proof |
| ✅ Use of ® Symbol | Legal right to use the ® symbol after registration |
| ✅ USPTO Public Listing | Logo appears in the USPTO trademark database |
| ✅ Legal Power | File lawsuits in Federal Court for infringement |
| ✅ Damage Recovery | Claim damages and attorney fees (if ® used) |
| ✅ Customs Enforcement | Block counterfeit goods at U.S. borders |
| ✅ International Registration | Register logo in foreign countries (via Madrid Protocol) |
| ✅ File Before Use | Apply even if you haven’t started using the logo |
| ✅ Maintenance | File Declaration of Continued Use after 5 years ($225 per class) |
Trademark & IP Filing Tools
| Solution Type | Function |
|---|---|
| ✅ USPTO Filing Solutions | Tools to file trademarks, patents, copyrights |
| ✅ Patent Search Platforms | Search existing patents/trademarks, check status |
| ✅ Trademark Monitoring Services | Track and detect potential infringement |
| ✅ IP Management Software | Manage trademark and patent portfolios |
| ✅ USPTO API Integration | Embed USPTO data into websites or applications |
USPTO Trademark & Servicemark Filing Overview
| Section | Details |
|---|---|
| Trademark or Servicemark | Protects logos, names, slogans, or symbols identifying goods/services |
| Filing Method | Online e-filing only – use the TEAS (Trademark Electronic Application System) |
| Application Types | Choose from: TEAS Standard or TEAS Plus (lower fee, stricter requirements) |
| Basis for Filing | – 1(a): Actual use in commerce – 1(b): Intent to use (reserve before launch) |
| Legal Assistance | Optional but recommended for complex filings or dispute prevention |
| Additional USPTO Filings | Maintenance filings (Section 8, 9, 15) required after registration |
| TEAS Standard Fee | $350 per class of goods/services |
| Patent vs Trademark | – Patent: Protects inventions or functional designs – Trademark: Protects branding elements like logos, names, and slogans |
Common Law Trademark
- Protects your logo through usage without federal registration
- Offers limited regional rights
- No ® symbol usage allowed
- Weaker legal standing compared to USPTO-registered marks
Trademark Submission Comparison
| Category | Word Mark (Standard Character) | Design/Logo Mark (Special Form) |
|---|---|---|
| Definition | Protects the text only – not limited by font, size, style, or color | Protects the visual design – including stylized text, logos, icons, or graphic elements |
| Example | AZRA GLOBAL (protected in any font or style) | Stylized “AZRA GLOBAL” with a globe graphic |
| When to Use | For broad protection; early-stage branding; no fixed visual identity | To protect the specific appearance of your mark |
| USPTO Upload Required | ❌ No – you just type the word(s) | ✅ Yes – image of the logo must be uploaded |
| Protected Elements | The words themselves | The exact visual representation |
| File Format | N/A | JPG (JPEG) only |
| Resolution | N/A | Minimum 300 DPI |
| Max Dimensions | N/A | Max 944 x 944 pixels |
| File Size Limit | N/A | 5 MB |
| Background | N/A | White only; no borders, boxes, or extra elements |
| Color Options | N/A |
– Black & White (no color claim) – Color (include color claim and explanation) |
| Style Requirements | N/A |
– Must be 2D – No gradients or shadows – Flattened image with high contrast |
| Illustrator Export Instructions | N/A |
Save as JPEG: RGB color, 300 PPI, max 944px Use File > Export > Export As > JPEG |
| Description Required | ❌ Not needed | ✅ Required – verbal description of the logo, including elements and color (if applicable) |
Mark Description & Color Claim Sample (for Design/Logo Mark)
| Section | Example Description |
|---|---|
| Mark Description | The mark consists of the wording “AZRA HOLDING” in a stylized font, with a 2D globe design appearing behind the word “HOLDING”. The globe consists of curved grid lines suggesting a three-dimensional shape. |
| Color Claim | The color blue is claimed as a feature of the mark. The wording “AZRA” appears in dark blue, and the globe in light blue. |
Trademark Overview
| Category | Question | Answer |
|---|---|---|
| General Questions | ||
| General Questions | What is a trademark? | A trademark is a symbol, design, or phrase legally registered to represent a company or product. |
| General Questions | What’s the difference between a trademark and a trade name? | A trade name identifies a business, while a trademark identifies goods or services. |
| General Questions | Why is trademark registration important? | It provides legal protection, prevents others from using your mark, and establishes brand priority in the marketplace. |
| General Questions | What are the requirements for a trademark? | A trademark must be distinctive, non-functional, and used in commerce. |
| Before Filing | ||
| Before Filing | How long does trademark protection last? | Trademark protection can last indefinitely, as long as the mark is in use and renewal fees are paid. |
| Before Filing | What should I consider before filing? | Consider the basis for filing, potential classes, and whether to claim specific colors. |
| Before Filing | Should I conduct a trademark search? | Yes, it’s crucial to identify potentially conflicting trademarks before filing. |
| Before Filing | What is a trademark search and why is it important? | It helps identify existing trademarks that may be too similar, avoiding rejection or infringement issues. |
| Before Filing | When should I apply for a trademark? | As soon as you have a clear idea of your brand and intended use. |
| Before Filing | Do I need an attorney to file? | Not mandatory, but legal guidance is helpful for navigating the trademark process. |
| During the Application | ||
| During the Application | What information is needed for the application? | Owner details, the mark itself, goods/services it applies to, and the date of first use. |
| During the Application | What is the basic process of trademark registration? | Filing → Formal Examination → Registrability Review → Publication → Registration. |
| During the Application | What happens after filing? | The USPTO examines your application for accuracy and registrability. |
| During the Application | What is publication? | Approved marks are published in the Official Gazette to allow for opposition. |
| During the Application | What is an opposition? | A formal objection by another party claiming the mark infringes their rights. |
| After Registration | ||
| After Registration | What happens if my trademark is infringed? | You can send cease and desist letters or pursue legal action. |
| After Registration | What is trademark monitoring? | Ongoing tracking of unauthorized use of your mark with enforcements as needed. |
| After Registration | Can I sell or license my trademark? | Yes, trademarks can be sold or licensed to others. |
| After Registration | What is trademark counterfeiting? | The production and sale of fake goods using your registered trademark. |
| After Registration | How can I renew my trademark? | Renewals must be filed periodically with the USPTO to maintain registration. |