What a Trademark Protects

• The disadvantage of relying on local or state protection of your company information is that someone in another state can still open a business with your same logo or company name. The only way to prevent this is through a trademark or service mark. Trademarks are filed at the federal level which means national protect of your brand can be achieved through one filing. You can file a trademark registration even if your business has not launched. Trademark registrations protect blueprints and startup companies along with established businesses.
  
  

Requirements

• Building a brand image takes time. Many businesses spend thousands, sometimes millions, of dollars on advertising and marketing to promote the distinction of their products and services. After accomplishing a distinct identity within the marketplace, the company must protect that image legally through the use of a trademark. Businesses obtain a trademark when their products or services are known for a certain phrase, image, symbol or design. To prevent another business from capitalizing on your brand image, you can file a trademark registration.
  
  

What is a Mark?

• After your trademark registration is accepted, you can alert the public through the use of a mark such as "TM" (trademark) or "SM" (service mark). The mark states your ownership of a trademark or service mark. You may use the federal registration symbol only once the U.S. Patent and Trademark Office actually registers the mark. Most applications take months to process. Also, the federal registration symbol does not apply to all products and services. The USPTO provides a list of services that can be affiliated with the federal registration symbol.
  
  

Exceptions

• The USPTO cannot give you the right to claim a trademark. This step is generally taken before your trademark application is completed through a business attorney. Your attorney researches existing trademarks and servicemarks to determine whether or not you have access to the mark you want to file. You are never allowed to trademark generic terms such as the actual name of goods or services. In addition, you cannot protect things that are too close to existing trademarks as it can present confusion. Marks or images that are unrecognizable and lack distinction also cannot be trademarked.