Yes, TMChecker pulls its trademark data directly from the USPTO and updates it daily to ensure accuracy and consistency.

Each protects different types of intellectual property:

• Trademark safeguards brand identifiers like names, logos, phrases, or symbols that distinguish a company’s goods or services.
• Patent protects new inventions, including their function, process, or design—essentially anything that is novel, useful, and non-obvious.
• Copyright covers original creative works such as books, music, films, photographs, and art, giving the creator exclusive rights to use and distribute them.

A common law trademark is created simply by using a name, logo, or slogan in business, even if it’s not officially registered. While this use grants some legal rights, those rights are typically limited to the specific geographic area where the mark is used.

So why register your trademark with the U.S. Patent and Trademark Office (USPTO)? Here are several key reasons:

• Nationwide protection: Registration grants exclusive rights to use the mark across the entire U.S., not just in your local area.
• Stronger legal standing: A registered trademark is presumed valid in court, which can make it easier to enforce your rights.
• Remedies and enforcement: Registered owners can access enhanced legal remedies in case of infringement.
• Public notice: Registration places the mark in the USPTO database, discouraging others from using a similar mark.
• Brand expansion: Without registration, expanding your brand geographically may be restricted if others already use a similar mark in new regions.

In summary, while common law trademarks provide limited protection, registering your mark offers broader legal rights and helps support long-term brand growth.

Not every name is eligible for trademark protection. The U.S. Patent and Trademark Office (USPTO) classifies names into five main categories: generic, descriptive, suggestive, arbitrary, and fanciful. Generally, the more unique or imaginative the name, the more likely it is to be approved.

• Generic: These names refer to the common name of a product or service and are rarely approved. For example, "The Screwdriver Company" for screwdrivers is too generic to be trademarked.
• Descriptive: Names that directly describe the product or its characteristics, like "The Metal Screwdriver Company," are typically rejected—unless they acquire "secondary meaning," where the public strongly associates the name with a specific company (e.g., IBM).
• Suggestive: These names hint at qualities or features without directly describing them. "Herculean Screwdriver Company" suggests strength and is more likely to be accepted than "Strong Screwdriver." Examples of suggestive marks include Microsoft and Citibank.
• Arbitrary: Common words used in an unrelated context. For example, "Chocolate Screwdrivers" or "Apple" for computers. These are typically approved because they are distinctive.
• Fanciful: Completely invented or rarely used words with no connection to the product. These are usually the easiest to trademark. Examples include Yahoo!, Google, Exxon, and Spotify.

In addition to the distinctiveness of the name, the USPTO may reject a trademark if:

• It’s too similar to an existing registered trademark.
• It is primarily a surname.
• It is geographically descriptive of where the business operates.

To improve your chances of approval, aim for a name that is suggestive, arbitrary, or fanciful rather than generic or merely descriptive.

To complete the process efficiently, make sure you have the following information ready:

• The mark: The exact word, phrase, logo, or design you want to trademark.
• Owner details: The full legal name and address of the individual or business that owns the mark.
• If the mark is already in use:
  • A specimen showing how the mark is used in commerce—this could be a product photo, a label, or a screenshot of a website offering your service.
  • The date you first used the mark in commerce and the date you first used the mark anywhere.
• Goods or services category: Select the appropriate category from the provided dropdown menu and give a brief description of your products or services.

Having this information ready will help you complete your application quickly and accurately.

There are two primary types of marks used in trademark registration:

• Trademarks: Used to protect a name, logo, or slogan associated with the sale of physical goods.
• Service marks: Used to protect a name, logo, or slogan related to the sale or promotion of services.

While the terms are often used interchangeably, the key difference lies in whether the mark is connected to goods or services.

An "In Use" application is filed when you are already selling products or services using the trademark in commerce.

If you haven’t started using the mark yet—such as before forming your business or launching your product—you may file an "Intent to Use" application. This reserves your place in line to use the mark.

After the USPTO approves an intent-to-use application, they will issue a Notice of Allowance. You then have 6 months to submit a Statement of Use—proof that you’ve started using the mark in commerce.

If you need more time, you can request extensions, potentially up to a total of three years from the Notice of Allowance date.

Not necessarily. States typically allow business names as long as they don’t conflict with other names registered in that same state. For example, "ACME Co." might be available in Texas, but another "ACME Co." could already hold a federally registered trademark in New York and have the exclusive right to use that name nationwide under trademark law.

The process for checking name conflicts at the state level is different from how trademark conflicts are evaluated.

Simply registering a business name or “doing business as” (d/b/a) name does not give you trademark rights. While using a name in commerce may grant limited common law trademark rights, registering your trademark with the U.S. Patent and Trademark Office (USPTO) offers much stronger and broader protection.

Likewise, just because a trademark appears available at the USPTO does not mean your state will allow you to incorporate with that name. The USPTO does not search state or d/b/a records.

Trademark categories, also known as International Classes, are used to identify the type of goods or services associated with your mark. The USPTO uses a predefined list of these categories. You can view a broader description of each class through the WIPO Nice Classification system.

You may need to register under multiple classes if your business covers more than one type of product or service. For example, a restaurant chain that also sells branded food products may need to file under both Class 043 (restaurants) and Class 030 (food items). Keep in mind that there is a separate USPTO filing fee for each class.

Tips for Choosing the Right Category

• Determine whether you offer a good or a service: Goods are physical items like clothing or tools, while services involve activities like consulting, legal, or repair work.
• Be as accurate as possible: Filing under the wrong class can lead to rejection or even invalidate your registration.
• Focus on the finished product or service: Don’t base your class choice on ingredients or internal use items like uniforms or packaging.
• Avoid assuming packaging counts: For example, a fruit company is not selling paper goods just because its logo appears on fruit packaging.
• Consider multiple classes if necessary: If you offer multiple products or services, filing under more than one class—even if more costly—may provide broader protection.

Also note that a company name and individual product names may each require separate trademark applications, potentially under different classes. Each registration will involve its own filing fee.

The trademark application includes a section where you must provide a brief description of the goods or services associated with your mark. This description is typically a short phrase or sentence—usually at least two words, but not more than one sentence.

Crafting the right description is a balancing act. If it’s too broad, the USPTO may reject it due to potential conflicts with existing trademarks. If it’s too narrow, it may not cover all of your business’s offerings. A well-written description usually follows these guidelines:

• Not so narrow that it excludes goods or services you plan to offer.
• Not so broad that it risks rejection for being overly inclusive.
• Avoids open-ended phrases like “including,” “etc.,” or “such as.”
• Does not simply restate the overall class or category name.
• Avoids ambiguous terms that may fit into multiple categories (e.g., “belts” could refer to clothing or tools).
• Uses clear, plain English that is easily understood by those outside your industry.
• Pays attention to punctuation—especially commas and semicolons—which can affect how the description is interpreted.

Choosing the right wording helps ensure your trademark application is both accurate and enforceable.

Once you submit your trademark application, the USPTO typically begins reviewing it in about 8 months. Their initial review usually takes around a month.

If there are no issues, your mark will be published in the Official Gazette, where the public has 30 days to file any objections. If no one opposes the mark, it will usually be registered about three months after publication.

If the USPTO identifies any problems, they will issue an Office Action—a letter detailing their concerns. At that point, you have two options:

• Respond to the Office Action within 3 months.
• Abandon the application.

If issues continue, you may appeal to the Trademark Trial and Appeal Board (TTAB), which also handles challenges from third parties. TTAB proceedings are similar to court trials and follow complex legal procedures—even non-lawyers are expected to comply with them. Legal representation is strongly recommended in these cases.

When applying for a trademark, some parts of the mark—such as descriptive or generic words—may not be eligible for exclusive protection on their own. In these cases, an applicant may choose to disclaim those portions of the mark. Sometimes, the USPTO will request a disclaimer through an Office Action.

A disclaimer does not remove the disclaimed word from the trademark or affect how the mark appears. It simply indicates in the USPTO database that the applicant is not claiming exclusive rights to that part of the mark. This allows the full trademark to be registered while acknowledging that certain terms are commonly used or descriptive.

Failure to include a disclaimer when required can result in a rejected application or delays. If you receive an Office Action requesting a disclaimer, you generally have two options:

• Agree to the disclaimer and continue with the registration process.
• Challenge the request, which may involve legal argument or appeal.

Because disclaimers can affect the legal strength of your trademark, it’s a good idea to consult with an attorney if you're asked to provide one.

Examples of When Disclaimers Are Usually Required:

• Descriptive Words: Disclaim “Creamy” in “Famous Mark Creamy Yogurt.”
• Generic Terms: Disclaim “Yogurt” in “Famous Mark Creamy Yogurt.”
• Geographic Terms: Disclaim “Southwest” in “Famous Mark Southwest Guacamole.”
• Informational Terms: Disclaim size, founding year, or similar generic info in logos.
• Symbols: Disclaim the “$” in a financial services company mark.
• Misspelled or Combined Words: Disclaim “Super” and “Rinse” in “Superinse Cleaner”; or “quick” in “Jay’s Quik Print.”
• Compressed Compound Words: Disclaim “Cool Pack.com” in “CoolPack.com.”
• Foreign Terms: Disclaim “Rouge” in “Gala Rouge” for wine, since “Rouge” means “red.”
• Grouped Terms: Disclaim “Pizza Parlor” together in “Pete’s Pizza Parlor.”

Registering a trademark is just the beginning—ongoing maintenance is required to keep the registration active and enforceable. Trademark owners must file specific documents with the USPTO at certain intervals:

• Between the 5th and 6th year: File a Declaration of Continued Use to confirm that the mark is still in use in commerce.
• Between the 9th and 10th year: File a combined Declaration of Use and Application for Renewal.
• Every 10 years after that: Continue filing the combined Declaration of Use and Renewal to maintain the registration.

Additionally, after five years of continuous use, you may be eligible to file a Declaration of Incontestability. This provides stronger legal protection by limiting the grounds on which others can challenge your trademark, such as:

• The claim that the mark is not inherently distinctive.
• The argument that someone else used a similar mark first.
• The assertion that the mark is merely functional rather than a source identifier.

Maintaining your trademark through these filings helps preserve and strengthen your brand rights over time.

While most trademark applications aim for the Principal Register, there is an alternative option: the Supplemental Register. This register is intended for marks that are not yet eligible for the Principal Register—usually because they are descriptive, based on surnames, or include geographic terms.

If the USPTO determines your mark doesn’t qualify for the Principal Register, they may issue an Office Action suggesting that you amend your application to the Supplemental Register instead.

What protections does the Supplemental Register offer?

Although it provides fewer benefits than the Principal Register, registration on the Supplemental Register still allows you to:

• Use the ® symbol.
• Give public notice that the mark is already in use.
• Block others from registering confusingly similar marks with the USPTO—even on the Principal Register.

However, there are limitations:

• You are not presumed to be the valid owner of the mark in a legal dispute.
• You generally cannot stop the importation of counterfeit goods based on a Supplemental Register mark.
• Marks on the Supplemental Register are not eligible for incontestable status.

The good news is that if your mark later gains secondary meaning (public association with your business), you may reapply to have it registered on the Principal Register.

Unlike copyrights and patents, trademarks can last indefinitely—as long as they are properly maintained and continuously used in commerce.

To keep a trademark registration active, you must file specific documents with the USPTO at regular intervals:

• Between the 5th and 6th year: File a Declaration of Continued Use.
• Between the 9th and 10th year: File a combined Declaration of Use and Application for Renewal.
• Every 10 years thereafter: Continue filing the combined renewal and use declaration to maintain the registration.

In addition, after five years of continuous use, you may file a Declaration of Incontestability. This provides stronger legal protection by limiting the grounds on which others can challenge your trademark, such as:

• Arguing that the mark is not inherently distinctive.
• Claiming someone else used a similar mark first.
• Asserting that the mark is functional rather than identifying the source of goods or services.

With proper maintenance and continued use, a trademark can be a long-lasting asset to your business.

If you believe someone is infringing on your trademark, a common first step is to send a cease and desist letter. This letter demands that the infringing party stop using the mark. In many cases, the infringement is unintentional, and the party may stop once they’re made aware of the issue.

If the infringing party ignores your letter or claims they are not infringing, you may need to consider filing a trademark infringement lawsuit. It's important to consult with an attorney before taking legal action.

Successful trademark lawsuits typically involve these elements:

• The plaintiff owns a valid trademark—usually presumed if there is a federal registration.
• The defendant is using the mark without permission in connection with the sale of goods or services.
• The use is likely to cause confusion among reasonable consumers.

An attorney can help you evaluate your situation and determine whether legal action is appropriate.

If the U.S. Patent and Trademark Office (USPTO) raises concerns about your trademark application, they may issue an Office Action (also known as an Action Letter). This formal notice outlines the specific reasons for the objection.

Common reasons for Office Actions include:

• Administrative issues — such as needing clarification about the goods or services listed in the application.
• Substantive legal objections — for example, if the mark is too similar to an existing trademark, or if it’s considered too generic or merely descriptive.

As the applicant, you have the right to respond to the Office Action. Depending on the issue, your response may involve fixing simple errors or making a legal argument to overcome more serious objections.

Responding effectively is important, and you should consider working with an attorney.

Yes, it is possible to amend a trademark application, but the process—and any associated fees—depends on the timing and nature of the changes.

Before publication in the Official Gazette: You can usually request changes. Simple changes may be processed directly, though USPTO filing fees or additional service fees may apply.

After publication in the Official Gazette: Changes generally require a Post-Publication Amendment.

Important Considerations:

• Minor clerical errors (e.g., typos) are often easy to fix and usually won’t affect your application status.
• Major changes—like changing the mark entirely—typically require a new application.
• Expanding the goods/services description or adding new classes usually isn’t allowed through an amendment and will likely require a new filing and additional fees.

In general, the USPTO is hesitant to grant trademark protection for given names, stage names, or surnames, as doing so could unfairly limit others from using common personal names in business.

However, a person may be able to trademark their name if it has acquired a secondary meaning—meaning the name is widely recognized by the public as being associated with specific goods or services. Importantly, the name must also belong to the person applying for the trademark.

Famous individuals such as Cher and Michael Jordan have successfully registered their names as trademarks because their names are strongly tied to their personal brands and commercial activities.

On the other hand, someone with a common name—like “John Smith,” especially if used in a general profession like accounting—is unlikely to meet the standard for trademark registration.