Questions founders commonly bring to a first call
- Do I have to register my trademark to have any rights?
- When can I use the registered symbol?
- How do I check whether a name is already taken?
- Do I need a lawyer to file?
- How long does a registration last?
- Should I file now or after we launch?
This list is illustrative, based on the kinds of questions IP firms hear from new companies, not on AI usage data.
Answers the USPTO has already written
The USPTO's Basic Facts About Trademarks says traditional trademark rights in the United States are based on use and that an owner does not ever have to register, though registration adds benefits. It says TM or SM can be used without filing an application, and that the registered symbol is for marks the USPTO has registered. It also advises running a full clearance search before filing. Under 15 U.S.C. 1111, a registrant may give notice with the registered symbol, and without notice no profits or damages are recovered unless the defendant had actual notice of the registration.
Deadlines and who may file
Registration is not a one-time event. Under 15 U.S.C. 1058(a)(1), the owner files an affidavit within the one-year period before the end of six years after registration, and under 15 U.S.C. 1059(a) a registration may be renewed for 10-year periods, with each application due within one year before the period ends. Both carry six-month grace periods for an added fee and surcharge. A founder page that skips the sixth-year filing invites a lapse.
Who files matters too. Under 37 CFR 2.11(a), an applicant whose domicile is outside the United States must be represented by a qualified attorney. Founders with an overseas parent company need that answer early.
What the firm page adds
An assistant can cite the USPTO for the basics, so a firm page earns its place with what an agency page is not there to give: how to weigh a name against a crowded field, and what to do when a search turns up a conflict. Many of these founders are also forming the company, which is why the business law guide and how business law firms get cited are worth reading alongside this one. Avoid calling the firm "specialists" unless your state allows it; see the rules on specialist wording.
Go deeper
The intellectual property guide lists the pages IP firms need.
Keep reading
Sources
- USPTO, "Basic Facts About Trademarks" (linked above)
- 15 U.S.C. 1111 (Cornell LII)
- 15 U.S.C. 1058 (Cornell LII) (linked above)
- 15 U.S.C. 1059 (Cornell LII)
- 37 CFR 2.11 (Cornell LII) (linked above)