TRADEMARK BASICS

Trademark Basics

The vocabulary, choices and costs you run into before you file: what a trademark protects, how rights arise, and which filing basis fits your launch.

The vocabulary, choices and costs you run into before you file: what a trademark protects, how rights arise, and which filing basis fits your launch.

In this section

Trademark Fundamentals

What counts as a trademark, and what rights registration actually gives you.

Trademark Fundamentals →

Trademarks vs. Copyrights vs. Patents

Three different protections, three different applications. Pick the right one.

Trademarks vs. Copyrights vs. Patents →

TM, SM, and ® Symbols

When you can use each symbol, and the legal risk of using ® too early.

TM, SM, and ® Symbols →

Federal, State and Common-Law Rights

Three layers of trademark protection in the U.S., and what each one covers.

Federal, State and Common-Law Rights →

Applicant Eligibility

Who can file, and what counts as a valid filing basis. Foreign filers need a U.S. attorney.

Applicant Eligibility →

Use in Commerce vs. Intent-to-Use

The two filing bases explained (Section 1(a) vs 1(b)), and which one fits your situation.

Use in Commerce vs. Intent-to-Use →

Pre-Filing Checklist

Seven things to confirm before you submit your application.

Pre-Filing Checklist →

Trademark Glossary

Plain-English definitions for the terms on your TSDR status page.

Trademark Glossary →