Tag: trademark registration

State vs. Federal Trademark Registration: Which One Does Your Business Need?

Posted on by trademarkangel

When starting a business in the United States, you may discover that trademarks can be registered at both the state and federal level.

So which one do you need?

For most businesses that operate across state lines, sell online, or expect to grow beyond one local market, federal trademark registration is usually the stronger long-term choice. State registration can still be useful, but its protection is much more geographically limited.

Let’s look at how the two systems differ and when each one makes sense.

Looking for the short answer? See our FAQ on the difference between state and federal trademarks.

What Is a State Trademark?

A state trademark is registered with an individual U.S. state rather than with the United States Patent and Trademark Office (USPTO).

For example, a business operating in Florida may be able to register its trademark with the State of Florida.

The most important limitation is geographic:

A state trademark registration generally provides protection only within that particular state.

Registering a trademark in Florida does not give you a federal registration or nationwide rights.

State registration may therefore be appropriate for a business that is genuinely local—for example, a local service business whose activities are confined to one state.

But businesses should think about where they are going, not just where they are today.

If you expect your business to expand, sell online, attract customers from other states, or develop into a national brand, relying only on state registration may provide much less protection than you eventually need.

What Is a Federal Trademark?

A federal trademark application is filed with the United States Patent and Trademark Office (USPTO).

Federal registration provides substantially broader rights and benefits than state registration and is generally the preferred option for businesses that qualify.

A federal trademark registration provides important advantages, including nationwide notice of your trademark rights and legal presumptions of your ownership and exclusive right to use the trademark for the registered goods or services.

This makes federal registration particularly valuable for businesses that intend to grow.

State vs. Federal Trademark: What’s the Difference?

State Trademark Federal Trademark
Registration authority Individual state USPTO
Geographic scope Generally limited to that state Nationwide federal registration
Best suited for Truly local businesses Businesses operating or expanding beyond a local market
Interstate commerce Not necessarily required Federal commerce requirements apply
Online/e-commerce brands Usually not the preferred long-term solution Usually preferable if eligible
Expansion outside the state Limited protection Much stronger foundation for expansion
Legal benefits More limited Substantial federal statutory benefits
USPTO registration No Yes
Federal ® registration No Yes, after federal registration

 

The biggest distinction is therefore scope.

If your business operates only locally, state registration may be sufficient for your current circumstances.

If your business has a broader market, or you expect it to have one, federal registration is usually much more valuable.

Do I Need to Be Doing Business in More Than One State?

This is where the issue becomes more complicated.

People often summarize the federal requirement by saying:

“You need to sell in two states to get a federal trademark.”

That is an oversimplification.

Federal trademark jurisdiction is based on commerce that Congress may regulate. Interstate sales are an obvious example, but they are not the only possible basis.

For example, an online company providing services to customers in multiple states can generally have a clear connection to interstate commerce.

A product business shipping orders from Georgia to customers in Florida, Texas and California presents another straightforward example.

For purely local businesses, the analysis can be less obvious.

A restaurant, salon, dental practice or other local service provider should therefore not assume either that it automatically qualifies for federal registration or that federal registration is automatically impossible.

The circumstances of the business matter.

For a more detailed explanation, see our guide to Use in Commerce for U.S. Trademarks.

What About an Online Business?

For e-commerce and online businesses, federal trademark registration is particularly important.

Imagine you launch a brand in New York and initially make only a small number of sales. Six months later, your website is shipping products throughout the United States.

A state registration would not give you the same federal trademark rights or nationwide federal protection as a USPTO registration.

This is one reason why businesses such as these should consider federal protection early:

  • Amazon and other marketplace sellers;
  • Shopify and other e-commerce stores;
  • SaaS businesses;
  • online education companies;
  • consultants serving clients nationally;
  • app and software companies;
  • subscription businesses; and
  • brands selling or shipping products throughout the United States.

Your business may start small without remaining local for very long.

What If I Haven’t Started Selling Yet?

This is another important difference that business owners sometimes overlook.

You do not necessarily have to wait until your business launches before filing a federal trademark application.

The United States allows an applicant with a genuine intention to use a trademark in commerce to file under Section 1(b), Intent to Use.

This can be extremely useful for a new business.

Suppose you are preparing to launch a new skincare brand. You have selected the name, purchased the domain and started developing packaging, but your products won’t be available for another six months.

Waiting until launch to apply for the trademark could create unnecessary risk.

An Intent-to-Use application may allow you to secure an earlier filing date while you prepare to launch. You will, however, eventually have to establish qualifying use before the trademark can register under this filing basis.

We explain this process in detail in Understanding U.S. Trademark Filing Bases: Which One Is Right for You?

When Does State Trademark Registration Make Sense?

State registration can make sense when a business is genuinely local and expects to remain that way.

For example, consider a small local service provider operating exclusively within one state, with no meaningful interstate activities and no plans for broader expansion.

Federal registration may not be the appropriate immediate solution.

State registration can potentially provide an additional layer of protection within that state.

However, before choosing state registration simply because it is cheaper or easier, consider your future business plans.

Where will your business be in two or three years?

If expansion is reasonably foreseeable, federal protection may ultimately be much more valuable.

There are also other situations where filing a federal trademark application may not be advisable. See our guide: When should I not file my trademark in the US?

Why Federal Trademark Registration Is Usually Better for a Growing Brand

A business’s trademark can become one of its most valuable assets.

Customers may recognize your name long before they know the legal name of the company behind it.

Federal registration creates a much stronger foundation for protecting that asset and securing nationwide trademark rights throughout the United States.

This becomes increasingly important when:

  • your business expands into new states;
  • you start selling online;
  • competitors discover your brand;
  • you license or franchise the business;
  • you attract investors;
  • you eventually sell the company; or
  • another business adopts a confusingly similar name.

Trademark strategy should therefore reflect where the business is heading, rather than only where it operates today.

Do I Need Both a State and Federal Trademark?

Usually, a business with an appropriate federal registration does not need to register the same trademark separately in every state.

Federal registration is specifically valuable because it provides federal protection on a nationwide basis.

There may be particular circumstances where state registration is useful in addition to other rights, but registering separately in all 50 states is not the normal trademark strategy for a growing national business.

What If I Start Locally and Expand Later?

You can start with a local business and later apply federally when your circumstances change.

But waiting has a potential disadvantage:

someone else may file for a similar trademark in the meantime.

Trademark rights can become complicated when different businesses begin using similar trademarks in different geographic areas.

That is why we recommend thinking about trademark protection early—particularly if you already know that the business is intended to grow beyond its original market.

Before You Register, Search the Trademark First

Whether you are considering state or federal registration, don’t rush directly into filing.

Search first.

Finding an identical trademark is only part of the analysis. A prior trademark does not have to be identical to create a problem. Similarities in appearance, sound, meaning or overall commercial impression can potentially lead to refusal or conflict.

At TRADEMARK ANGEL, we recommend checking the trademark before investing heavily in the brand or filing an application.

You can start with our Free Trademark Search.

If you purchase one of our U.S. trademark registration packages, a comprehensive trademark search is included as part of the process.

State or Federal Trademark? The Bottom Line

If your business is truly local and operates only within one state, state trademark registration may be appropriate.

But if you sell products across state lines, operate online, provide services beyond a purely local market, or have genuine plans to expand, federal trademark registration is generally the stronger long-term option if you qualify.

And if your business hasn’t launched yet, don’t assume that you have to wait. An Intent-to-Use application may allow you to begin the federal trademark process before sales start.

The right filing strategy depends on how your business operates today—and where you expect it to go tomorrow.

Not sure which option applies to you?

Start with our free trademark search and tell us a little about your business. We’ll review your trademark and help you determine the appropriate next step.

Do You Really Need a Trademark for Your Business?

Posted on by trademarkangel

Many business owners ask us the same question:

“Do I really need a trademark?”

Fair question.

When you’re building a business, trademark registration usually isn’t at the top of the list. You’re busy trying to get customers, make sales, improve your product, manage a hundred daily problems, and maybe sleep occasionally.

A trademark can feel like something you’ll deal with “later.”

But later has a funny habit of arriving at the worst possible moment.

First, a quick definition.

A trademark can protect parts of your brand identity: things like your business name, brand name, logo, slogan, or product name. In simple terms, it helps establish that the brand belongs to you and can help prevent confusingly similar names from being used in the same space.

So… do you actually need one?

Not every business files a trademark immediately.

But if you are serious about building a long-term brand, the answer is often yes, probably sooner than you think.

Here’s why.

Imagine you’ve spent three years building your business.

You bought the domain name. You built the website. You invested in social media, ads, packaging, photography, maybe even branded merchandise nobody warned you would cost that much.

Customers start recognizing your name.

Things are finally moving.

Then you discover another company owns rights to a similar trademark. Or they file before you do.

Now you’re looking at a possible rebrand.

New logo. New packaging. New website updates. New marketing materials. Confused customers.

We’ve seen versions of this happen more than once, and it is rarely cheap or pleasant.

One misunderstanding we run into quite often is this:

“But I already registered my business name.”

Or:

“I own the domain.”

Those things matter, but they are not the same as trademark protection.

You can have a registered company name, a live website, active social media accounts, and still run into trademark problems.

That surprises many business owners.

Today, this matters even more because businesses can grow very quickly online.

A small brand can suddenly gain traction through Amazon, Shopify, Instagram, TikTok ads, or marketplaces. Growth is great. Visibility is great.

But visibility also attracts competitors, copycats, customer confusion, and sometimes trademark conflicts.

For Amazon sellers especially, trademarks often become important earlier in the journey than expected.

Many sellers pursue trademark registration because of things like Amazon Brand Registry, listing protection, counterfeit concerns, or simply because they want stronger control over their brand as they grow.

And there is another side people sometimes overlook.

A trademark is not just legal paperwork sitting in a folder somewhere.

Over time, it can become a business asset.

If you plan to expand internationally, license your brand, attract investors, or eventually sell the company, trademark protection tends to become more relevant, not less.

So when is the right time to file?

Usually, earlier than most founders expect.

Not necessarily on day one. Every business is different.

But waiting until a problem appears is often the expensive version of the story.

By that stage, customers may already know your name. Marketing money has already been spent. Changing direction becomes harder.

That doesn’t mean every small business must rush to file immediately.

But if you are investing real time, money, and energy into building a brand, especially online, then registering your trademark is worth serious consideration.

Because your brand is not just a name.

It’s the thing customers remember, search for, recommend, and come back to.

And protecting it early can save a lot of pain later.

Need help checking your brand?

At TRADEMARK ANGEL, we help business owners review, search, and protect their trademarks.

Before investing further into your branding, marketing, or packaging, it’s often smart to understand whether your name is available and realistically protectable.

How Long Does It Take to Get a Trademark for Amazon Brand Registry?

Posted on by trademarkangel

If you’re an Amazon seller asking this question, you’re likely trying to figure out one thing: how soon can you get your brand protected? The good news is that the answer is probably faster than you think—because there are two separate timelines at play, and understanding both changes everything.

The first is how long it takes to get into the Amazon Brand Registry. The second is how long it takes to receive full trademark registration. These are not the same thing, and confusing them is one of the most common mistakes Amazon sellers make.

Amazon accepts trademarks from sellers around the world

Before getting into timelines, it’s worth knowing who this applies to. Amazon recognizes trademark applications filed in any of the following 19 countries and regions: the United States, Brazil, Canada, Mexico, Australia, India, Japan, France, Germany, Italy, Spain, the Netherlands, Turkey, Singapore, Saudi Arabia, Sweden, the United Kingdom, the European Union, and the United Arab Emirates.

That means whether you’re selling from North America, Europe, Asia, or the Middle East, you can file a trademark in your country and use it to enroll in Brand Registry. You are not required to file in the U.S.—your home country trademark qualifies.

You don’t need to wait for full registration to access Brand Registry

This is the most important thing most sellers don’t know. Amazon accepts brands with trademarks that are pending—meaning you can apply even if you have only filed for a trademark application but it has not yet been approved.

The moment your application is filed and assigned a reference number by your country’s trademark office, you can use that number to apply for Brand Registry immediately. At Trademark Angel, we file trademark applications within 5-8 business days of getting started. For most of our clients, that means Brand Registry access within days of beginning the process — not months.

How long does full trademark registration actually take? 

Full registration timelines vary significantly by country. Here’s a realistic picture across the major Amazon-accepted jurisdictions:

  • The UK is one of the fastest, with an average registration time of around 100 days — approximately 3 to 4 months — and with relatively consistent processing times.
  • The EU (via EUIPO) is similarly efficient. Average registration time in the European Union is around 120 days, though the variation suggests the process can extend beyond 6 months if complications arise.
  • Germany stands out as the quickest in the world, with trademark registration typically completed in 2 months — making it an attractive option for Amazon sellers based in or targeting European markets.
  • Canada and Australia usually have timelines that are similar to those in the US. For example, simple applications take 12 to 18 months to process.
  • Japan mirrors the U.S. in complexity. Expect roughly 6 to 12 months to first action in smooth cases, with a total timeline of 12 to 18 months — or up to 3 years if opposition or a complex refusal occurs.
  • India can move faster when applications are filed correctly, with straightforward cases resolving in as little as 3 to 4 months, though the process is known to be complex without professional guidance.
  • The United States is in the middle of the range around the world. Straightforward applications typically reach registration in 12 to 14 months, while applications that attract objections can extend to 18 to 24 months or longer.
  • Take note that registration timelines vary significantly by country. Working with professionals who understand your specific jurisdiction is one of the most effective ways to avoid unnecessary delays.

An important caveat about pending trademark access

Accessing Brand Registry with a pending application is a genuine advantage — but it comes with two limitations worth understanding.

First, early access typically covers only the listings that are live at the time you apply. New listings added later may not receive the same level of protection until your trademark is fully registered.

Second, if the trademark office later refuses registration because the trademark is too descriptive, conflicts with an earlier filing, or has other legal defects, the Brand Registry protection you enjoy on Amazon could be scaled back.

This is exactly why the quality of your initial filing matters as much as the speed of it. A professionally prepared application — built to minimize objections and anticipate examiner concerns — gives you a far cleaner path to full registration. At Trademark Angel, every application we file is prepared with this standard in mind.

Why full registration is still worth pursuing

Getting into Brand Registry with a pending application is the right first step. But full registration delivers protections that no pending application can match: the legal right to use the ® symbol, federal or national enforcement standing, and significantly stronger tools to pursue counterfeiters both on Amazon and off it.

There is also an urgent operational reason to act now. Starting in spring 2026, Amazon will mandate Brand Registry for sellers using manufacturer UPC barcodes with FBA. Sellers without Brand Registry will need to use Amazon barcodes for each FBA unit. Full trademark registration ensures your Brand Registry access is permanent — not contingent on a pending application that could still face examination challenges.

How Trademark Angel makes it straightforward

No one can fast-track your country’s trademark office. What we can control is how quickly and cleanly your application enters the system — and how well it’s prepared to move through examination without delays.

Here’s what working with Trademark Angel looks like:

  • Our team will do a FREE trademark search to make sure that you can register your brand name in the country you want to.
  • We will prepare and file your trademark application, typically in 5 to 8 business days, as long as you cooperate with us in providing necessary details—we make sure it is professionally drafted to minimize objections.
  • You receive your application reference number and apply for Amazon Brand Registry one day later using this direct link.
  • We monitor your application through examination and handle any objections—keeping your path to full registration on track from start to finish.

Filing in multiple countries? We handle trademark registrations across all Amazon-accepted jurisdictions—so your brand is protected in every market you sell in.

The bottom line

Full trademark registration can take anywhere from a few months to over a year, depending on your country. But Brand Registry access can happen within days of filing, regardless of where you are in the world.

The smartest move is to start both processes at the same time: file your trademark, apply for Brand Registry immediately with your application number, and let the registration process run in the background while your brand is already protected on the platform.

Every day you delay is a day your brand is building value without the protection it deserves.

Book a free 20-minute consultation with Trademark Angel. We’ll identify the right trademark jurisdiction for your business, confirm your brand name is clear to file, and get your application moving—so you’re in Brand Registry before your competitors make their next move.

Why Amazon Sellers Should Register a Trademark Early

Posted on by trademarkangel

Most Amazon sellers think about trademarks too late — usually after a hijacker has taken over their listing, a competitor has stolen their brand name, or they’ve just lost a dispute they had no legal standing to win.By that point, the damage is already done. And in many cases, it was entirely preventable.
If you’re serious about building a brand on Amazon, trademark registration isn’t something you do eventually. It’s something you do first.

Your brand is at risk from day one

The moment your product goes live on Amazon, your brand name is visible to millions of people around the world — including competitors looking for winning products to copy. Without a registered trademark, you have limited legal recourse if someone else starts using your brand name, creates a near-identical listing, or worse, files a trademark application for your name before you do.
That last scenario happens more than most sellers realize. If a competitor or a bad actor beats you and files your trademark (or a similar one) first, you could find yourself legally blocked from using the name you’ve been building your business around. The cost of recovering from that situation is almost always higher than the cost of filing early.

Brand Registry requires a trademark—and the benefits are significant

Amazon Brand Registry is one of the most powerful tools available to Amazon sellers. It gives you:

  • Control over your listings—unauthorized edits to your product pages can be blocked and reversed
  • The ability to remove counterfeiters —report fake listings and have them taken down faster
  • Access to premium selling tools—A+ Content, Sponsored Brand Ads, Brand Analytics, and the Amazon Storefront—all reserved for brand-registered sellers
  • Stronger customer trust—a polished, protected brand presence signals legitimacy to buyers

None of these benefits is available to sellers without a trademark. And the longer you wait to file, the longer your listings remain exposed.

You can access Brand Registry before your trademark is fully registered

Here’s what many sellers don’t know: you don’t have to wait 12 to 18 months for full trademark registration to enroll in Brand Registry. Amazon now grants early access to any seller with a pending trademark application in these jurisdictions: the United States, Brazil, Canada, Mexico, Australia, India, Japan, France, Germany, Italy, Spain, Benelux, Turkey, Singapore, Saudi Arabia, Sweden, Poland, Egypt, the United Kingdom, the European Union, and the United Arab Emirates.
That means the clock starts the moment you file — not the moment you receive your registration certificate.
At Trademark Angel, we file trademark applications within a week. Once your application is submitted, you receive your application number and can apply for Brand Registry immediately. For most sellers, that means Brand Registry access within a matter of days, not months or years.

Early filing protects you in ways Brand Registry alone cannot

Brand Registry is a powerful tool, but it operates within Amazon’s platform. Your registered trademark gives you full legal protection that extends far beyond Amazon’s corners — in courts, in the international markets, and in legal disputes with other businesses.

Here’s what early trademark registration protects you from:

  • Trademark squatters—Brand counterfeiters monitor successful Amazon brands and file trademark applications for those names—sometimes in multiple countries. Once successfully registered, they can demand licensing fees or force a rebrand. Filing early removes this threat entirely.
  • Counterfeit sellers—A registered trademark significantly strengthens your ability to pursue counterfeiters, both through Amazon’s Brand Registry tools and through legal channels outside the platform.
  • Business valuation damage—If you ever plan to sell your Amazon business, buyers and brokers will scrutinize your intellectual property. A registered trademark increases your brand’s value and makes the sales process smoother. Businesses with registered trademarks consistently command higher multiples than those without.
  • Platform dependency—If Amazon ever suspends or limits your account, a registered trademark gives you legal standing and options that unregistered sellers simply don’t have.

What happens when sellers wait too long

Consider a common scenario: a seller builds a successful private label brand over two years. Sales are strong, reviews are good, and the brand has real recognition in its niche. Then a competitor — or a trademark troll — files for the same brand name.
Now that the seller faces a choice: rebrand entirely, pay licensing fees to use the name they created, or enter a costly legal dispute with no guarantee of winning.
All of that is avoidable with a trademark filed in the early stages of the business.
We’ve worked with sellers in exactly this position. The ones who filed early never had to make that call. The ones who waited often wished they hadn’t.

The right time to file is earlier than you think

You don’t need to be generating six figures in revenue to justify a trademark. You need a brand name you intend to keep, a product you’re serious about selling, and a business you want to protect.
If those three things are true, the right time to file is now.

At Trademark Angel, we handle the entire process — from clearance search to filing to monitoring your application through examination. We prepare clean and professional applications designed to minimize the risks of trademark application refusal and keep your trademark registration on the right track. And if an office action does arise, we handle that professionally.

Here’s how to get started

  1. We prepare and file your trademark application within 5–8 business days.
  2. You will receive your application number and can apply for Amazon Brand Registry right away.
  3. We monitor your trademark application and address any issues that arise during the examination period.
  4. From filing to brand registry enrollment, the process is straightforward—and far less expensive than dealing with the consequences of waiting.

Book a free 20-minute consultation today. We’ll assess your brand name, walk you through the filing process, and answer every question you have—no commitment required.

Because the best time to protect your brand was the day you launched. The second-best time is today.

How Long Does It Take to Get a Trademark?

Posted on by trademarkangel

When it comes to registering your brand, the question that comes to mind first is: how long does it take to obtain a trademark? The reality is that the process is not immediate; however, being aware of the steps and the time plan can help instruct you in creating a plan. We constantly inform clients at Trademark Angel that when it comes to registering and securing rights, patience is always rewarded.

Timing is of the Essence of Trademark Registration

By the time you submit the trademark registration application, you have established the foundation to safeguard your business identity. The clock begins to run as soon as you apply, but the process can take months and even years, depending on where you are and if any objections arise along the way.

The average duration in the US is 12-14 months, but it may be longer depending on your case. This is why it is better to see the steps before you take the leap.

What Happens After You Apply

The following is usually what happens when you submit a brand name registration application:

  • Application Review – The trademark office reviews your application to verify its accuracy.
  • Examination – An examiner conducts a trademark search to determine if there are any conflicts with existing trademarks.
  • Publication – Your trademark is published for opposition purposes.
  • Allowance – if the application was filed on an intent to use basis, you will have to submit Statement of use and show evidence of use of your mark in the US before your trademark registers.
  • Registration – If the application was filed on the actual use basis in the US, then it goes straight to registration if there are no oppositions.

Once statement of use is accepted your trademark is registered.

All stages may increase the time interval by weeks or months; that is why there are no two timelines.

Can You Register a Trademark Online Faster?

The question many people will ask is whether it is quicker when it is filed online. When a trademark is registered online, the registration process is usually expedited because the documentation is completed electronically. However, the whole review and approval process is still time-consuming.

The process of online filing is more convenient and, in most instances, more straightforward; similarly, the examination and approval process is also straightforward. Although online filing is more convenient and often easier, the inspection and approval cycles remain unchanged.

What to Do to Keep on Track while Waiting

During the waiting time, you can increase the chances that your application will not experience unnecessary delays by:

  • Double-check your application for errors before filing.
  • Do a comprehensive trademark search before filing to avoid conflicts.
  • Act promptly if the trademark office requires clarification.

Being proactive will help you prevent unnecessary back-and-forth that may lengthen the process.

FAQs About Trademark Timelines

Q. 1 How long does the US take to grant a trademark?

Typically, it takes between 12-14 months, although it may be longer or shorter, depending on your specific circumstances.

Q. 2 Is brand name registration a protection in itself?
When your trademark is officially registered, your rights commence. However, filing a trademark applications provides you with a pending status that could be beneficial in a dispute.

Q. 3 Is brand registration and copyright the same thing?
No: names, logos, and slogans are registered as a trademark, while creative works like books, songs, and designs are registered as copyright.

Obtaining a trademark is a lengthy process, but it is worthwhile to secure your brand’s future. With proper preparation and suggestions by Trademark Angel, you can navigate the process smoothly and confidently.

Trademark Registration in China: A Step-by-Step Guide to Protecting Your Brand

Posted on by trademarkangel

Brand Registration China

When it comes to doing business in China, trademark registration is among the most significant things that you can do. China has the first-to-file method, meaning that the first person to have registered a trademark legally owns it even though it does not belong to their brand. This is the reason why it is essential to intervene early.

At Trademark Angel, we help businesses protect their identity with proper trademark registration in China. Whether you are a newcomer to the market or you already work in this market, this process will enable you to make your brand safe and prevent any legal complications in the future.

Why Trademark Registration Matters

When you register a trademark in China, you protect your brand name, logo, and identity. It stops others from copying or misusing your name. You also get the legal right to take action against counterfeiters or companies using a similar name. Without registration, your brand is at risk.

Trademarking in China also allows you to sell on major e-commerce platforms like Tmall, JD.com, and Douyin. These sites usually ask for proof of brand registration China before letting you open a store. If you’re planning to license or franchise your business, having a trademark is often required.

What You Need to Get Started

To apply, you’ll need to decide which trademark classes fit your business. China has 45 trademark classes, each covering different goods or services. Picking the right class is key. For example, a skincare company would likely choose Class 3 (cosmetics and cleaning products).

Here’s what you’ll need to prepare:

  • A clear image or text of your trademark
  • Business license (for local companies)
  • Passport or registration proof (for foreign companies)
  • A power of attorney if you’re using an agent

Foreign companies must use a local agent for filing. We act as your trusted local partner, making sure your application follows Chinese rules.

The Process of Trademark Registration

The process starts by submitting your application to the China National Intellectual Property Administration (CNIPA). After that, there are a few steps:

  1. Examination – CNIPA checks if your trademark is legal and doesn’t conflict with others.
  2. Publication – If approved, it is published for 3 months for public objections.
  3. Registration – If no one objects (or if any objections are dismissed), your trademark gets registered.

The whole process usually takes between 6 and 12 months.

We always recommend doing a China trademark register search before applying. This search helps spot any similar or existing marks that might block your application. We handle this search for you as part of our service.

Avoiding Bad Faith Trademark Issues

Many foreign companies face problems with China trademark registration because someone else files for their name first, often with bad intentions. This is called trademark squatting. It can lead to legal fights, high costs, and delays.

To avoid this, apply early, check the database regularly, and monitor new filings. We help you do all of this with full support from our trademark team.

Ready to Protect Your Brand?

We’ve helped many international companies succeed with trademark and business registration in China. If you’re serious about protecting your brand, now is the time to act.

Reach out to our team today and let’s get started with your trademark application in China.

Why Trademark Registration Matters and How We Can Help

Posted on by Anita TM

At Trademark Angel, we work with people and businesses who care about their brand. Whether it’s your logo, product name, or a unique phrase you use in business, it’s more than just a design or a word. It represents your work, your values, and how people remember you. That’s why trademark registration is not something you want to leave to chance.

In this blog, we want to explain how trademark registration works, why it’s essential, and what you should know before starting. We’ll also share insights from our experience as a trademark registration agency so you can make the right decisions for your brand.

What Is a Trademark?

A trademark is a symbol that shows your products or services belong to you. It can be a word, logo, slogan, or even a sound. Its main purpose is to help people recognize and distinguish your brand from others.

For example, when people see the Nike swoosh or hear the word “iPhone,” they immediately know which company it represents. These symbols are legally protected, meaning others can’t use them in the same way.

Why Register a Trademark?

Many business owners assume that using a name or logo is enough. That’s not true. Without registration, you don’t fully own the mark and have limited rights to protect it. Here’s why registering is essential:

1. Legal Ownership

When you register a trademark, you become the legal owner. That means you can stop others from using something too similar.

2. Protection Across Your Market

A registered mark gives you stronger legal protection across your area of business. If someone else tries to copy your name or confuse customers, you can take action.

3. Business Growth

As your business grows, having a registered trademark helps build trust. It also adds value if you ever want to license your brand or sell your company’s assets.

How the Trademark Registration Process Works

Here’s a simple breakdown of how the process usually goes:

1. Trademark Search

Before applying, we check if the name or logo has already been registered. This helps avoid trademark refusal or future legal issues.

2. Preparing the Application

We prepare your application with the correct details. This includes your business type, the mark you want to register, and the goods or services it covers. For US trademarks, we also need to specify if the trademark is in use and provide proof of use.

3. Filing the Application

The application is submitted to the appropriate Trademark Office.

4. Examination by Authorities

The Trademark Office reviews the application. They may ask questions or raise issues if they find problems.

5. Publication and Approval

If everything is fine, your trademark is published for public review. If no one objects, it’s officially allowed and then registered.

Common Reasons for Refusal

Not all applications are approved. Some common reasons include:

  • The mark is too similar to an existing one.
  • It describes the product too directly (like trying to trademark the word “Apple” for apples).
  • The application is incomplete or incorrect.

We always avoid these issues by doing proper checks and filing everything correctly.

Should You Use a Trademark Registration Agency?

You can apply for a trademark on your own, but many people prefer to work with professionals—and here’s why:

Fewer Mistakes

Even a small error can cause delays or lead to rejection. We ensure everything is done right the first time.

Comprehensive Search

Checking if a trademark is already in use isn’t as simple as it seems. We have professional subscription to trademark search software and expertise to perform a thorough search.

Expert Handling of Objections

If the trademark office raises any issues, we know exactly how to respond and keep things moving.

Working with a trademark registration agency like ours saves time and reduces stress. You can focus on your business while we handle the paperwork.

When Is the Right Time to Register?

It’s best to register your trademark as early as possible—ideally before you launch your product or service. If someone else applies for the same or similar mark before you, you may be forced to change your name, logo, or branding later. That can be costly and confusing for your customers.

Even if you’ve already been using your name or logo for a while, it’s not too late. Registration will still give you stronger rights and future protection.

Can You Register a Trademark Internationally?

If you sell products or services outside your home country, it may be worth registering your trademark in other countries. There are international systems like the Madrid Protocol that make this process easier, and we can help you with that as well.

Keep in mind that trademarks are generally protected country by country. Owning a U.S. trademark doesn’t automatically give you rights in Canada, the UK, or elsewhere.

How Long Does a Trademark Last?

Once registered, a trademark can last for 10 years in most countries. After that, you can renew it for another 10 years—and continue renewing it as long as you’re still using the mark.

The key is to use your trademark regularly and keep your registration details current. You could lose your rights if you stop using it for too long.

What Happens If Someone Infringes on Your Trademark?

If someone starts using a name or logo too close to yours, we can help you take legal action. This might involve sending a cease-and-desist letter or filing a lawsuit.

It’s much easier to defend your rights if your trademark is registered. Without that, the law may not be on your side, even if you’ve been using the mark for years.

Real-Life Experience

One of our clients had used their brand name for over 3 years without registering it. When they tried registering it, we discovered someone else had already registered a similar mark. That meant they had to rebrand completely.

It was a harsh lesson, but it reminded us why our work is essential. We always encourage clients to think ahead and protect what they’ve built.

At Trademark Angel, we keep the process simple. We explain everything in plain language and answer every question, no matter how small. We don’t believe in rushing or cutting corners—we aim to get it right the first time.

We’ve helped individuals, small businesses, and even growing startups secure their trademarks. Whether you’re filing your first application or trying to protect a logo you’ve used for years, we’re ready to help.

Final Thoughts

A trademark isn’t just a legal formality but part of your business identity. It tells your customers who you are and what you stand for. Taking the time to register protects your hard work and gives you peace of mind.

Working with a trademark registration agency gives you confidence that every step is handled carefully. If you’re thinking about registering your trademark or have questions about the process, we’re here to help. Just reach out and let us know what you need.

Trademarking marijuana and its products in the US and Canada

Posted on by trademarkangel

Both in the US and Canada, the current view of business owners and entrepreneurs in the marijuana industry is that they cannot protect the brands they use or brand their existing products related directly or indirectly to cannabis or its by‑products. The belief may present itself as well‑founded, but it is inaccurate! These ‘marijuana marks’ can be protected and it is advised to do so.

The protection of marijuana products and the marijuana mark demands an in‑depth knowledge of the rules and regulations formulated by the United States. A clear insight into the current position of the marijuana industry and where it will be in the future is crucial for the survival of any entrepreneurial venture or product in marijuana. It is critical to come up with a strategy for the protection of both marijuana and its related by‑products.

The legalization of Marijuana in California (or the golden state) momentarily uplifted the mood for both the users and the manufacturers in the weed industry. But the dawn of the new, more conservative presidential reign made its presence known by merely showering some empty threats. It should be kept in mind that selling marijuana and its related products legitimately in an illegitimate situation cannot be considered a healthy business ambiance.

There are several questions that were left unanswered with the shift in American administration that took place in the year 2016. One of these is the need of trademarking marijuana and its by‑products.

Issues with Trademark registration in the weed industry

The USPTO (or The United States Patent and Trademark Office) is the governing body in the United States that oversees all the applications for trademarks and patents. USPTO examining authority will refuse to register marks and provide rights to any individual or entity if the concerned party violates the ‘Lawful Use Rule.’ Violation of the Lawful Use Rule occurs when the application of the applicant is against the regulations of the federal law, i.e., the CSA (or Controlled Substances Act).

As per the rules set by the CSA, the distribution, manufacturing, processing or dispensing of certain controlled substances including marijuana and its by‑products is illegal. The production, distribution, dispersion or possession of certain controlled substances, including cannabis and preparations made with marijuana is prohibited under the Controlled Substances Act. Further, as per the regulations put in place by CSA, it is unlawful to sell infrastructure/property to carry out transport and commerce of drugs, drug processing equipment, bongs, vaporizers, marijuana grinders, etc.

USPTO Ban on registration of Trademarking marijuana

In simple words, the USPTO will not issue a registration to trademarks of marijuana and its by‑products. In the beginning, the governing body didn’t have such strict rules in place for the marijuana industry. After the herb was legalized in the state of California, officials at the USPTO kept their doors open for the entrepreneurs in the weed industry. The gavel hit the deck from the USPTO’s side when there was a sudden surge in incoming applications for registering trademarks for marijuana and marijuana‑based products. The inflow of applications was so high that at one point in time the officials found themselves buried beneath the paperwork that needed sorting and scrutiny.

The incident led the officials to close their doors for new applications pertaining to cannabis trademark registration for new companies in the weed industry. They subsequently returned the application fees to the respective applicants.

The USPTO is especially strict with trademark applications where the name of the trademarks suggests it has something to do with “marijuana”. So all “MARIJUANA”, “CANNABIS”, “BONG”, “WEED”, “CUSH”, “GRASS”, “DOPE” trademark applications are immediately under scrutiny and if there are any of the products in the application that have something to do with marijuana such as weighing scales, vaporizers and grinders. Most likely such a company may still receive an objection from the Trademarks Office if an examining attorney has suspicions that applicant doesn’t have genuine intention to use the applied‑for mark legally in commerce.

Case study

Across the United States of America, legalization is still a debated issue. While some states have already approved its consumption and usage, some states are thinking towards the legalization. Marijuana is fully legalized for both medical and recreational needs in the District of Columbia. Another 13 states have legalized the psychoactive medical marijuana. 12 more states have accorded decriminalized possession laws for medical marijuana and discrimination law while only 3 states and 2 inhabited territories.

Update (July 29, 2018): The Federal Government of Canada legalized the distribution, production, and sale of cannabis and its by‑products on July 1, 2018. Legislation for the same has been tabled and when the Government shared the news for the same to the public and media, the shares of Canadian marijuana companies skyrocketed.

As of October 17, 2018 it will be possible and legal to buy marijuana in Canada.

As per the analytical reports of the Canaccord Genuity in the later part of 2016, if the legalization process of cannabis is carried over within the proposed timeline, the country will be home to over 4 million legal users of marijuana. If the calculations were correct, the total market value of legal marijuana would be close to $6‑billion annually.

Canadian outlook on marijuana

When countries around the world are curbing the development of the marijuana industry, Canada is setting an example in this sector. They are building the necessary infrastructure to create business opportunities for marijuana entrepreneurs to conduct their business operations within the country legally. The United States poses several legal and financial barriers to the entrepreneurs in the marijuana industry. It is a direct result of the discrepancies amongst the different states of the United States that includes a lack of access to financial backing from the traditional banking systems. On top of that, the tax deductions and several other complicated laws within the United States Code sum up to make the US an unwelcoming destination for the marijuana industry.

The new and improved, more ‘hospitable’ business ambiance of Canada’s will undoubtedly lure in new investors and innovators to make the marijuana industry success.

The Federal Government of Canada allows the cultivation of marijuana through the hands of a controlled number of large‑scale growers. It is a practice that removes the middlemen or so‑called ‘dealers’ who previously serviced both the streets and the legal market.

Canada is the new and attractive destination for investors looking to invest their resources in the development of marijuana‑based products and by‑products for both medicinal and recreational use. By the summer of 2018, Canada is expected to fully legalize recreational marijuana, which will make it the first industrialized country to legalize and regulate marijuana from production to consumption.

In Canada, it is possible to obtain trademark protection for a trademark that is proposed to be used with marijuana and marijuana‑related goods and services. Recently there has been a huge increase in trademark applications for marijuana and marijuana-related products.

The situation in Canada is indeed a surprising story for both the users and the providers in the United States who have been struggling to get their trademarks registered with the USPTO. Even if weed is legalized in many states of the US, it is still recognized as a controlled substance under the United States Federal Law and as such, it is not possible to trademark.

Conclusion

The goal of this article was merely to emphasize the fact that trademarking marijuana is a substantial business opportunity for the future. It is still a sector for both the investors and the entrepreneurs where the shadow of competition and saturation still awaits. The trademarking marijuana and its by‑products are available in the United States. But the catch is, interested parties need to go through several channels of the Federal Government viz. common law, federal registration, and state registration.

The Marijuana industry is projected to become a $50 billion business sector by the end of 2026! It can only happen if the taboo of the herb is broken, subsequently taking the industry out of the shadows and into the mainstream.

Updated July 29, 2018

Steps To Follow When Starting Your Online Business

Posted on by trademarkangel

You’ve grown weary of attending to your 9‑to‑5 job as you do not foresee any prospects of career progression. You are very keen to go it alone by starting your online venture as you have seen many of your colleagues and friends strike gold by following that route. However, you have absolutely no idea on how to get started.

Since the time Internet emerged, online technology has progressed by leaps and bounds (and still continues to), rendering the process of incorporating a web‑based startup, remarkably easy. Nowadays, corporate organizations, as well as big and small brick‑andmortar businesses, need to have an online presence (read website) in order to be viable and competitive. Regardless of whether you want to turn your online venture into your chief source of livelihood or wish to develop the Online Business business as a secondary source of income, you can achieve success if you follow specific steps. 

A typical web‑based online business has some inherent advantages over an offline or physical commercial establishment that makes the former more lucrative than the latter. For instance, your incorporation and overheads costs are lower, you can make do with less staff at least in the initial years, and overseeing the entire setup is more manageable. Abide by the steps outlined below if you are sincere about beginning your online undertaking, increasing its visibility across the web, attracting niche traffic, and raking in the moolah which is what ultimately matters.

1. Company formation and registration with IRS/Canadian Revenue Agency

The entire process of registering and incorporating a new online business has become much easier in the present times. You do not have to fill up endless forms and documents, make endless visits to the respective authorities for submitting the transcripts, pay a small fortune as registration fees, and finally wait for the approval‑these formalities used to be de rigueur in the past. Though you can hire an accountant or solicitor for entrusting them with the formalities of opening an online startup, you can also do the work of the consultant yourself as the rules and regulations are easy to follow.

First of all, you’ll need to decide whether you want to opt for a partnership or sole proprietorship mode or wish to fulfill the obligations of a public or private limited company. Each and every form of business has its own advantages and disadvantages. At the end of the day, it is completely up to you to decide which route you will take depending on your preferences and requirements.                      

Once you are through with the first step, your next task will be to decide upon a company name. Make sure the name is something that has a good recall value. In other words, it should be one that you or anybody else for that matter can easily remember.

Thereafter, you will have to accumulate all the details required for registration including company name, business address, and nature of the online business, share capital details, shareholder(s) details, and company director details. The next step would be to prepare the Memorandum and Articles of Association (a must if the venture is a public limited or private limited company). Thereafter, you’ll have to register your business with the IRS for which you will have to log in to its official site www.irs.gov.

You will receive an online business registration number for the state you are based in. Once you click on the link for your respective state, you’ll be taken to the portal of the state from the IRS site. You get a registration number for your state and if you want you can also a federal EIN (Employer Identification Number).                         

In order to obtain both the numbers, just follow the steps listed below: 

  1. Click on your state’s link
  2. Furnish the relevant information as outlined in the application form for your state
  3. Thereafter, you will be landing at the IRS’s online application page for EIN registration
  4. Give additional info (if required) to apply for your EIN number
  5. Once you receive your EIN, check out of the IRS site
  6. Key in your EIN number in the application form for your state

In case you are a Canadian citizen (naturalized or residency), you’ll have to register your company with the Canadian Revenue Agency. There are four distinct CRA program accounts and you will have to apply to anyone for registering your startup by fulfilling BRO (online business registration) formalities. Once you are through, you’ll receive a business number which will lend a legal sanction to your venture. 

BRO can connect you with the sites of provincial programs for Nova Scotia, Ontario, and British Columbia. Log in at www.canada.ca for taking advantage of the BRO for registering your startup as a: 

  • Proprietor or owner
  • Third party petitioner
  • RepID or GroupID representative
  • Domestic worker, caregiver or babysitter employer 

2. Picking up a domain name and registering it

Once you decide on the commercial segment you wish to enter and are through with the company’s incorporation, your next response would be to register record your online firm’s domain name. Your sites URL (uniform resource locator) is its domain name which is unique as no other site owner can stake claim to the web address once you have registered it. Registering or recording the domain name of your web‑based venture is similar to patenting an offline business‑you become the sole owner of the online platform and enjoy specific intellectual property rights. 

You can apply for a domain from any of the several firms dealing with online domain registration. Many of these firms that are termed as domain name registrars run promotional offers from time to time that let you have a domain or several domains free of cost if and when you opt for a web hosting package. It is also recommended that one should avoid purchasing a domain from the hosting provider. It is better to have the hosting and domain account separated. However, always make sure that the domain or web address is registered under your name and not in the name of the registering company. 

If the domain is not registered under your name, you may not be able to lay claim to it in case you shift to another hosting firm in future. Alternatively, if you are entrusting the creation of your site to a professional web designer and developer, ensure that you buy out the sites domain and the hosting account. Much before you register the domain, you’ll need to select a title or name for the same. 

See to it that the domain name you eventually choose is unique and distinctive or in other words, no other site should have the same name. You can opt for your name if you wish to lend a personal touch to the product or service you would be promoting. However, if you find that somebody else already owns a domain by that name, you can tweak the name a bit by prefixing or suffixing another word, for instance, simongarfunkeltrainer.com in place of simongarfunkel.com 

Your other option, when it comes to choosing an exclusive domain name, is to base it on the purpose that the product or service is going to serve. A domain name that mirrors your online business niche will go a long way in attracting the customer segment you are targeting.

3. Website hosting

Once your web‑based startups’ domain name has been registered, you will have to book space on the servers of the hosting firm in order to host your e‑commerce site. Though many individuals register the domain with one firm and books server space with another, you are better off entrusting the tasks to one company. That way, you’ll be able to keep a leash on your overall costs as many firms offer free domain names when you subscribe to their web hosting packages. 

Before you select a hosting firm, check out the background of at least 4‑5 such companies. Also, compare and contrast the different hosting features they are offering like uptime scalability percentage, disk storage capacity, drag and drop site builder, subscription periods, optimization for email, and so on. Alternatively, find out if the firms are providing SSL security, e‑commerce and online marketing tools, feedback forms, and most importantly, round‑the‑clock customer support. 

There are many well‑established companies that provide a high quality of service with respect to website hosting like GoDaddy.com, Bluehost.com, JustHost.com, iPage.com, and WebHostingHub.com. Cloud servers or hosting has recently been popular for their security and ease of use. So exploring the hosting services provided by Linode or Cloudflare can be one of those options. Cloudflare also offers a free SSL certificate with each hosting account. 

4. Filing Your Trademark

Applying for a trademark should be your next step. Registering the brand’s trademark is essential not only because you invested so much time, effort, and resources to conceive a distinctive name, logo, and slogans but also to protect it from infringement by competitors.

If most of your business is done in the US, then protect your brand name in the US by registering your trademark with the US Patent and Trademark Office (PTO). 

If most of your customers are in Canada, start with registering your trademark in Canada. 

You can file your trademark yourself or ask for help. Hiring a trademark professional will help you to increase the chances of successfully registering your trademark while minimizing the stress. 

Remember: trademark registration is the cheapest form of protection you can get for your brand. 

5. Check to make sure you are not infringing on anyone’s intellectual property rights

If you are about to sell products, make sure that you are not infringing on anyone’s patent rights. Likewise, for literary, musical and artistic works, it’s useful to make sure that there is no copyright infringement.  If you are the creator, then you will own copyright, however, if not, make sure you have rights to sell these products.   With a name you give to your products, check to make sure you are not infringing on anyone’s trademark.

Very often people overlook intellectual property aspect of opening a business, which can cost them dearly.

6. Website design and development 

After your website has been hosted, your next response would be to design and develop the online business website that will be the firm’s online face. You can either build the portal yourself or outsource the project to a webmaster. In case you take the DIY route, you can take advantage of the multiple design and development tools (that are provided by numerous hosting companies free of cost) for creating your portal. 

There are many open‑sourced website building and blogging CMS platforms including but not limited to WordPress, Joomla, Drupal, and Magento that you can employ as well. WordPress is by far, the most popular CMS platform as it is not only remarkably easy to set up but also offers near unlimited templates that are compatible with customization as per your preference. You can also employ Adobes Dreamweaver for website creation but then you will have to be mentally prepared to devote the time necessary for mastering this tool which might take months. 

However, outsourcing the website design and development project to a professional design company or webmaster will ensure that you have an advanced as well as the user‑friendly portal. With so many design companies competing with each other for clients, you can get the job done without having to spend a ton. And if you can get your site designed and developed by a learner, a college student, for instance, you may have to pay even less.

While you get your site developed, bear in mind that both the visual and textual content of the portal equally matter. Also take note that if you entrust the project to a designer, you automatically own the sites hosting account as well as its domain name. Also before launching a website, it is a good idea to know where exactly its files are located. For easier management and understanding, WordPress is the best platform to build your site on. It is pretty easy to manage and make changes. Hence, it will be a lot easier for you to make new blog posts, change prices, add photos or changing sections without even asking a developer to take care of those. 

7. Promoting your site via online advertising and by hiring freelancer

Following the hosting of your online business website on the net, your main thrust obviously will be to amplify its visibility across all online platforms, including the automated social networking sites. Formulating an SEO strategy would be indispensable if you want to divert a high volume of traffic to your site. Search engine optimization would imply creating original textual content that elucidates the nature of your business and should be punctuated with relevant keywords that will be preferred by search engines crawler bots. 

SEO would also require you to take care of lots of other aspects including but not limited to uploading fresh blogs, PRs, guest blogs, creating profiles on Facebook, Twitter, Instagram, and LinkedIn, podcasting, advertising on Google, Bing, and Yahoo. A robust SEO plan will be instrumental in popularizing your site in a short period of time since it will be wishful thinking to expect users to log in to your site within a few days of its hosting. 

The focus should be on content marketing with the ultimate objective of publicizing the portal on social media. As you may not be in a position to invest in Google PPC of Facebook advertisements initially, you can hire freelance content writers. Another good strategy is to get popular bloggers write positive reviews in exchange for a free product or tickets to a movie. There are lots of online platforms where you can hire great freelancers at a fraction of the cost.

Online Business Conclusion: 

Once your Online Business business portal is up and running i.e. it has been hosted, there are several steps you can take to amply its footprints in the online realm. For instance, you can titillate users with a white paper imprinted with rebate coupon codes, freebies on purchasing a specific value of products, and so on. You can keep track of your site’s performance and growth by using analyzing tools like Google Analytics which is available for free. 

To say the last but not the least, you’ll have to give due consideration to aspects of taxation, accounting, legal matters, and banking.

When should I not file a trademark?

Posted on by trademarkangel

This may seem like an odd question to ask, but it’s a good one to consider when beginning your journey into a trademark registration territory. Trademark Angel is here to help guide the way!

So, you shouldn’t file you are a trademark if:

  1. You haven’t searched the availability of the mark first

Filing without searching can be a surefire way to get into trouble. It’s like driving down a highway without any headlights. It’s often the case that you’ll make it all the way to the USPTO examiner (a potentially lengthy process all on its own) before he or she cites a prior registration as an obstacle to your own registration goals. What a waste of your business’ time!

In fact, even if your application makes it all the way to official registration. Third parties still have another five years to petition for cancellation based upon prior use. This is why it’s always better to search the availability and potential success of your proposed trademark before beginning the process of registration.

While an initial trademark search may be done on the USPTO website. It’s a good idea to consult with a trademark professional before looking into the use of a potential logo.

  1. Filing may prompt an unwarranted objection

You may not know this, but trademark applications are a matter of public record.

This means that many sophisticated trademark owners hire “watching services” to keep an eye out for any new trademark filings that infringe upon their own trademarks!

Sometimes, it’s best to fly under the radar; not filing a trademark won’t give you the same benefits as official registration. But it does allow you to keep some of the bigger businesses off your back!

  1. The mark is too descriptive, generic or scandalous

Remember: the Trademarks Office may refuse registration of a mark that merely describes an ingredient, quality, characteristic, function, feature, purpose or use of your particular goods and/or services. A seasoned brand lawyer will be able to help with this: they can often point out when a mark might be flagged as too descriptive or generic, and prompt you to come up with something more distinctive.

Example of a descriptive trademark: SUPER GROW within the fertilizer market.

Exception to the rule: Descriptive trademarks may be registered after a period of extensive use. A good example is BEST BUY.

It’s also important to note that, in the US, descriptive marks can be registered on the Supplemental Register if they are already in use (and can be proven as such) in a US-centric marketplace.

On the other hand, scandalous or deceptive marks can likewise be flagged, in which case a trademark lawyer could point out the respective issues and assist you in coming up with something more registrable.

Example of a deceptive trademark: ALL BRAN for cereal that does not contain any bran.

Examples of scandalous trademarks: DICK HEAD for restaurant services; JACK-OFF for adult entertainment.

  1. The anticipated lifespan of the mark is short lived

You should know that the earliest that one can expect a registration to be officially issued is about six months after a successful filing. This does not take into account any potential objections to the registration, or whether or not the proposed label is already in use. Either of these variables can mean a considerably longer registration time than anticipated.

This means that, if the intended use of the mark is limited in duration, there may not be much value in spending the resources to file an application. Although registration provides many important benefits, the trademark owner may simply rely on “common law rights” which come from using the mark in the sale or provision of goods or services.

  1. The trademark owner already owns a similar registration

It is not necessary to register a mark for everything under the sun. In the U.S., the “related goods” doctrine often protects goods and services that are closely related to current trademarks by the same company.

For example, if an owner has a trademark for t-shirts. It may not be worth filing a new application to register that same mark for sweatshirts or hooded shirts. In fact, if a third party started selling sweatshirts under the same mark, it would likely be considered trademark infringement; consumers would realistically expect the goods to come from the same source!

There are many other instances in which applying for trademark registration may not be necessary or advisable.

However, registering a brand is often the most prudent way to maximize brand value and minimize risk conflict, especially with competing businesses. In these cases, a trademark professional can provide you with the pros and cons of your particular trademarking goals. Which means you get to spend less time worrying about trademark registration and more time running your business.

Trademark Angel is here to help.

Please feel free to contact us, no obligation. With any questions about the possibility of logo registration for you and your growing business!