About this Guide

In this guide, researchers will identify resources necessary for registering a trademark with the USPTO.

Resources

Where possible, this guide will link to freely available resources.

Topic Summary

This guide explores the requirements needed to register a brand new trademark. This research guide should equip you with all of the tools necessary to educate yourself on trademark law and the steps you need to take to register a trademark of your own. You will learn the benefits of owning a trademark, the steps you need to take to apply for a new mark with the USPTO, and things to be aware of in trademark infringement litigation. This is not an exhaustive research guide on trademark law itself, instead, it is geared toward trademark registration. The resources in this guide will give you information on where to find all registered trademarks, pending marks, and allow you to search whether your mark could muster USPTO examination.

Trademark registration is governed by the Lanham Act. Complying with the Lanham Act is the focal point of trademark registration and will ultimately determine whether your mark will survive examination. When you register a new mark, third parties have the opportunity to challenge your mark via a letter of protest with the USPTO. If the mark survives, it can be challenged at a later date through initiation of trademark infringement action. Understanding trademark registration requirements can put you in a better position to face later infringement actions.