A trademark is a word, phrase, symbol, design or other identifier that distinguishes your brand from others. It helps protect prevent consumer confusion and build trust with customers. For these reasons, the federal and state law encourages and supports the development and enforcement of trademarks.

Usually when people think of trademarks, they are referring to trademarks registered under federal law with the U.S. Patent and Trademark Office (aka, USPTO).

Federal trademark registration usually involves:

* Conducting a clearance or knockout search to avoid infringing on earlier trademarks

* Filing an application with the USPTO

* Responding to any office actions or refusals by the USPTO

* Responding to any objections filed by other trademark owners

Working with a trademark attorney like Jay Razzouk helps ensure your application is strategic, complete, and defensible.

Strong trademarks are:

* Distinctive (not generic or merely descriptive)

* Memorable and easy to pronounce

* Not confusingly similar to existing marks

* Aligned with your brand identity and long-term goals

Names like “Apple” for computers or “Nike” for shoes are considered strong because they’re unique and not directly descriptive of the product.

During your Trademark Strategy Session with Jay Razzouk we'll go over a deeper understanding of what things like "distinctive" and "not confusingly similar" mean in the context of your mark and goals.

Trademark costs typically include:

* filing fees (based on number of classes)

* Legal fees for clearance searches, application drafting, responding to office actions and oppositions, and other legal work

* Monitoring and enforcement costs to defend your mark

* Maintenance filings every 5–10 years to keep the registration active

Costs vary depending on your strategy, number of marks, and whether you face challenges during the process.

™ is used for unregistered trademarks for goods

℠ is used for unregistered marks for services, called "service marks"

® is reserved for federally registered trademarks only

Using the correct symbol helps signal your rights and deter infringement.
You can use ™ or ℠ as soon as you begin using the mark in commerce.
Federal law only permits using the ® symbol for marks with active registrations with the USPTO. It's a good idea to work with a lawyer if you are not sure which system you should be using.

If your trademark is opposed or infringed, you may need to:

* Respond to the opposition or USPTO office action

* Negotiate with other trademark owners

* Send cease-and-desist letters

* Initial cancellation proceedings for earlier registered trademarks

* Defend your rights in the Trademark Trial and Appeal Board or federal court if necessary

Jay Razzouk helps clients assess risk, respond strategically, and avoid costly litigation when possible.

Only if it’s used in a distinctive way. Generic terms like “Coffee Shop” usually can’t be trademarked for coffee services, but “Blue Bottle” or “Dutch Bros” are examples of distinctive coffee trademarks. "Apple" is another example of a strong trademark that uses a common word, but in an uncommon way -- namely to identify electronics and software.

The more unique is your mark, the stronger your protection under trademark law.

Not always. In the United States, businesses gain limited “common law” rights by using a mark in commerce.

But federal registration gives you:

* Nationwide protection

* Listing in the USPTO's trademark database

* Legal presumptions of ownership

* Stronger enforcement options

* Ability to use the ® symbol

* Other benefits, such as to fight importation of counterfeit goods

Registration is highly recommended for serious brand owners.

Businesses who do not qualify for federal trademark registration might still want to consider registering their trademark at the state level.

Internationally, most countries require registration in order to obtain a trademark. So businesses planning to operating internationally may want to budget for registering in other countries to ensure trademark protection abroad.

A federally registered trademark can last indefinitely—as long as it’s actively used and properly maintained. You’ll need to file renewal documents at regular intervals (typically between years 5–6 and every 10 years thereafter) to keep your registration alive.

If your application is refused, you may have options to respond, amend, or appeal. Common reasons for refusal include conflicting with existing marks, failing to function as a trademark, insufficient proof of use, being too descriptive or generic, and failing to meet one or more other requirements. Jay Razzouk helps clients assess the refusal and decide whether to respond to the refusal, fix the application, negotiate with other mark owners, or rebrand.

Yes. Trademarks can protect logos, slogans, product names, and even distinctive packaging or colors—if they distinguish your brand in the eye of consumers and meet federal criteria. Legal review helps determine what’s eligible and how to describe it clearly it in your application.

Common law trademark rights arise when you use a mark in commerce, but they’re limited to your geographic area and harder to enforce.

Federally registered trademarks offer nationwide protection, stronger legal presumptions, and access to federal enforcement tools. Trademarks registered with one or more states might receive similar benefits, but localized to the states where they are registered.

Common law trademarks have become less geographically restricted as many businesses turn to social media, online marketing, and e-commerce to sell and promote their goods and services. As a result, before registering a trademark or even creating a new brand, it is generally a good practice to have an attorney do a thorough clearance search, including a review of social media, domain names, and websites, to identify unregistered "common law" trademarks.

Yes. Trademarks are intellectual property and can be licensed or sold. Licensing allows others to use your mark under specific conditions. Jay helps structure agreements that protect your brand and avoid accidental franchising or misuse.

Monitoring involves watching new trademark filings, online usage, and marketplace activity. Jay offers ongoing support to help clients spot potential infringement early and respond with cease-and-desist letters or other legal strategies using the tools at hand.

Before committing to a business or product name, seek out a lawyer to conduct a comprehensive trademark clearance search. This helps avoid conflicts with other trademark owners, avoidable refusals by the USPTO, and costs of rebranding. Jay Razzouk helps clients assess risk and choose brand names that are distinctive, protectable, and aligned with long-term goals.