Filing a Federal Trademark Application FAQ
Apply for protection and register your trademark under US federal patent law.
» How does a trademark qualify for federal registration?
How do I apply for federal trademark registration?
If the USPTO decides that a mark is eligible for federal registration, what happens next?
What types of trademarks are ineligible for federal registration?
What are the benefits of having a trademark on the USPTO's Principal Register?
How long does federal trademark registration last?
Can a business register its trademark at the state level?
How does a trademark qualify for federal registration?
To register a trademark with the U.S. Patent and Trademark Office (USPTO), the trademark's owner first must use it in "interstate commerce." This means the mark must be used on a product or service that crosses state, national, or territorial lines, or that affects commerce crossing such lines -- for example, an Internet business or a restaurant or motel that caters to interstate or international customers.
The trademark owner must also be able to answer "no" to all of the following questions:
- Is the trademark the same as or similar to an existing mark used on similar or related goods or services?
- Is the trademark on the list of prohibited or reserved names?
- Is the trademark generic -- that is, does the mark describe the product itself rather than its source?
- Is the trademark too descriptive (not distinctive enough) to qualify for protection?
For information on distinctiveness vs. descriptiveness, see Qualifying for Trademark Protection FAQ.
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