A trademark is commonly known as a brand name, and identifies the product source. A brand name is always a trademark, but the reverse is not always true. Trademarks can be: a design (7-up’s red dot), a slogan like “Don’t leave home without it,” a number (4711 cologne), a sound or a smell (Chanel No. 5). Its main purpose is to distinguish one company’s product from another’s.
If you have a unique name or product, you may want to trademark it so that no other company can use a similar product or name. Successfully getting a trademark approved can give you the name in perpetuity. But beware, you must use it in commerce or you may lose it.
To obtain a trademark, you must first ensure that the name or design, slogan, etc. are not already in use through an online search at the USPTO (US Patent and Trademark Office) website. If a mark has been abandoned, it may be used by a new person. After ascertaining that the name you want is available, an online application by an experienced attorney is the first step toward securing the mark.
A USPTO examiner will be assigned to review your application and determine if there are marks out there that might be confused with the one you wish to use. If so, the examiner may reject your application outright, or may ask you to answer specific questions relating to your product or service and the anticipated use of the mark. If your attorney’s response to the questions is satisfactory, the trademark will issue, and you will be able to start using it in your business. This generally takes several months. The cost will vary depending on the number of marks you want, and the attorney’s fees for her services.