A trademark (sometimes referred to as a brand name or logo) is a word, name, symbol, device or any combination thereof, used by a manufacturer or merchant to identify its goods or services and distinguish them from those manufactured or sold by others. When a mark is used with services, it is called a service mark.

Trademark rights are derived from use of a mark and mark owners may claim common law trademark rights from the time a mark is first used. However, common law rights only give the owner of the mark limited protection. A trademark owner may use a TM or SM symbol with their mark to indicate that they are claiming rights to it.

A trademark owner, who is using or has an intent to use a trademark in commerce that the United States Government may regulate, for example interstate commerce or commerce with a foreign entity, may file an application for federal registration with the United States Patent and Trademark Office (USPTO).

Federal registration of trademarks is not a requirement; however, it is highly advisable since federal registration provides the owner with distinct advantages over owners of unregistered marks.

Registered trademarks serve as prima facie evidence of ownership, provide businesses or individuals the right to use or license their trademarks, allow trademark owners the right to sue for trademark infringement in the federal courts and allow owners to apply for trademarks in other countries based upon their U.S. registration.

The ® symbol may only be used if the USPTO has issued a federal registration. To file an application for federal registration, the trademark owner should visit the USPTO web site.

Owners may complete and file their trademark applications online using the Trademark Electronic Application System, (TEAS). In addition, the USPTO's Trademark Electronic Business Center, provides the user with general and specific information on trademarks, as well as the trademark registration process.

Users may even search the registered trademark database and check the status of pending applications at the USPTO.

After a trademark application is filed, it is reviewed by a trademark-examining attorney to determine if the mark may be registered. The examining attorney will perform a search to determine whether the applicant's mark is likely to cause confusion with other marks already protected by federal registration.

If a proposed mark passes the examination phase, it will be published in the Official Gazette of the Patent and Trademark Office. Those who believe they will be damaged by registration of the mark then have an opportunity to oppose the registration.

If no opposition is filed, then a registration certificate is issued. The registration procedure takes an average of 13 months. The registration may be renewed every 10 years as long as the registrant continues to use the mark and files the required documents and fees to maintain the registration.

Information on the maintenance of federal trademark registrations may also be found at www.uspto.gov.

Electronic correspondence with the USPTO is strongly encouraged.

For additional information on the trademark registration process, telephone the USPTO Information Line and Trademark Assistance Center at:

866-217-9197 TTY: 703-305-7785

If an individual plans to file a trademark application, they or their representative should conduct a search of pending and registered trademarks to make sure that the mark is not already the subject of an application or registration.

General information regarding the USPTO may be obtained by writing to:

US Patent and Trademark Office Mail Stop USPTO Contact Center PO Box 1450 Alexandria, VA 22313-1450

Copyright is a form of protection provided to authors of "original works of authorship," including original literary, dramatic, musical, artistic and certain other intellectual works, both published and unpublished.
The United States Copyright Office, a division of the Library of Congress, is responsible for the administration of federal copyright protection. Information on copyrights and applications for filing for copyright protection may be obtained from the United States Copyright Office.

202-707-6737 TTY: 202-707-6737

The general mailing address is: Library of Congress Copyright Office 101 Independence Ave., S.E. Washington, DC 20559-6000