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Trademark and copyright are different things and both matter. Copyright protects the artwork itself and exists automatically once a human creates it. Trademark protects your use of a name or mark to identify goods and services in commerce, and it requires registration to be properly enforceable. This guide is general information, not legal advice.
What registration actually gives you
- A presumption of ownership in your registered classes and territory.
- The right to stop others using a confusingly similar mark on similar goods or services.
- A basis for takedowns on marketplaces, app stores and social platforms — this is often the most-used practical benefit.
- An asset that appears on a balance sheet and in acquisition diligence.
- The ® symbol, which is legally restricted to registered marks.
What it does not give you
- Protection in other countries. Trademarks are territorial. A US registration does not cover the UK, the EU or the UAE.
- Protection in classes you did not register. A registration for software does not stop someone using the name on clothing.
- Protection of a generic or purely descriptive term. "Fast Plumbing" for a plumbing business is very difficult to register.
- Automatic enforcement. Registries do not police infringement; you have to notice and act.
Before you commit to a name
- 1Search the relevant registry directly for identical and similar marks in your classes.
- 2Search the general web and marketplaces for unregistered use — common law rights exist in some jurisdictions.
- 3Check domain and social handle availability at the same time. Discovering the domain is taken after you have printed signage is expensive.
- 4Consider phonetic and visual similarity, not just exact spelling. Registries assess likelihood of confusion, which is broader than a string match.
- 5Get a professional clearance search if the name is core to a substantial business.
Word mark or logo mark?
A word mark protects the name in any typeface and is usually the stronger and more flexible protection. A logo mark protects the specific design, which means a redesign can weaken it. If budget allows only one, most advisers recommend the word mark. Businesses whose recognition rests heavily on a symbol often register both.
Rough costs and timescales
| Government filing fee (US) | Several hundred dollars per class. Multiple classes multiply the fee. |
|---|---|
| Professional preparation | Varies. Ours is $299 per class on top of the government fee, including the search. |
| Time to registration | Typically eight to eighteen months in most jurisdictions, longer if there is an objection. |
| Renewal | Periodic, usually every ten years, with proof of continued use required. |
Common mistakes
- Filing in one class when the business genuinely operates across several.
- Registering the logo as it currently stands, then redesigning it a year later.
- Assuming a company registration or a domain gives trademark rights. It does not.
- Waiting until someone copies you. Registration takes months, and priority generally runs from the filing date.
Want this done for you?
We will tell you honestly whether you need us for it. Send a two-line description of the business and we come back with a plan, a timeline and one fixed price.