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 →