Federal Trademark Search

Generally, no, as it could lead to confusion.

However, if the other mark is used for different products or services, it may be possible, as consumers might not be confused about which company offers what.

For instance, Delta Dental, Delta Air Lines, and Delta Faucet Company can all coexist as business names because their products are distinct enough to avoid consumer confusion.

Yes, the USPTO allows only one trademark—whether it’s a name, logo, or slogan—per application.

You can register a logo that includes your business name, but in that case, the design and text together are treated as a single trademark. If you want them protected separately, you’ll need to file two applications during the trademark registration process.

Trademark registration can involve one or multiple classes, depending on what you sell. The USPTO categorizes all products and services into 45 classes. For example, if you own a restaurant, your services would fall under class 43 (food services). However, if you also sell cookbooks or offer cooking classes, you might want to register under class 16 (paper goods) and class 41 (education and entertainment services). Typically, your trademark protection is confined to the classes specified in your application.

The trademark application process typically takes six to 12 months, including the time spent waiting for a response from the USPTO, if you’re using the trademark in commerce.

The USPTO will review your application within a few months, then either issue an office action with questions or concerns, or approve your trademark for publication. If your trademark is published and no objections are raised within 30 days, your registration is complete, and you officially have a registered mark.

If you’re not yet using your trademark in commerce, the process may take longer. After progressing through the previous steps, the USPTO will issue a Notice of Allowance, indicating they will register your mark once you submit proof of use in commerce via a Statement of Use. After this is submitted and approved, your mark will be officially registered.

Yes, the USPTO’s examining attorney may reject your trademark if there’s a risk of consumer confusion with another mark. For example, if your business name is too similar to another in the same industry, it could lead to confusion. Working with an attorney during the trademark registration process can help prevent these issues.

Yes, you should register your trademark to protect your business or brand assets. While using your trademark and having common law protection is a good beginning, it doesn’t provide the full legal protection that comes with completed trademark registration.

You can use the ™ symbol on your logo while you’re in the process of applying for a trademark. This signals to others that you intend to secure a trademark. Once your trademark is officially registered and approved, you can replace the ™ with the ® symbol.