Whether you're launching a tech startup, a product line, or a local service business, choosing the right name and protecting it is critical. Your brand identity—including your name, logo, and tagline—can become one of your most valuable business assets. That’s where trademarks come in.
In this guide, we’ll walk you through everything you need to know about trademarks:
✔️ How to conduct a trademark search
✔️ What a trademark checker is and how to use one
✔️ How long trademarks last
✔️ The meaning of ™ and ®
✔️ How to type trademark symbols on your keyboard
If you’re building a franchise or considering trademark strategy for multi-location growth, check out our guide to trademarks in franchising for additional insights.
A trademark is a word, phrase, symbol, or design (or combination of these) that identifies and distinguishes the source of goods or services of one party from those of others. Common examples include brand names, logos, slogans, mascots, and even unique packaging.
Registering a trademark can help prevent others from using a confusingly similar name or logo and gives you legal standing if you ever need to enforce your rights.
One of the most powerful benefits of a federally registered trademark is protection from unfair competition—situations where another business tries to profit from your brand’s reputation, goodwill, or market presence.
When you register your trademark with the United States Patent and Trademark Office (USPTO), you gain nationwide legal rights that help you:
Federal registration allows you to stop other businesses from using names, logos, or slogans that are so similar to yours they might confuse customers. This is key in competitive industries where brand recognition directly affects sales.
Your mark appears in the USPTO's public database, serving as a warning to others who search before naming a product or business. Many will move on rather than risk a legal fight.
Registration creates a legal presumption that you own the trademark and have the exclusive right to use it nationwide for the goods or services listed. This makes it much easier to win enforcement actions, both in and out of court.
With a registered mark, you can bring claims under the Lanham Act, the federal law governing trademarks. These claims can include damages for infringement, loss of profits, and harm to your brand’s reputation.
You may be eligible for court orders to stop infringers, recover attorney’s fees, and even seize counterfeit goods in some cases.
In short, federal trademark registration gives you the tools to protect your brand identity and level the playing field—especially when competitors try to blur the lines.
However, not all trademarks are suitable or eligible for federal registration.
Before you spend money on branding, packaging, domains, or legal filings, it’s essential to search to make sure your trademark isn’t already in use.
A trademark search is the process of checking existing trademarks to identify potential conflicts. This typically involves:
Searching the USPTO database (TESS – the Trademark Electronic Search System)
Looking at common law uses (e.g., businesses using the name but not federally registered)
Checking domain names, social media handles, and state trademark databases
While anyone can perform a basic search, professional trademark attorneys and software tools can conduct more thorough checks that account for variations, sound-alikes, and potential legal conflicts.
Many people make the mistake of only searching for the exact name, missing trademarks that are similar enough to cause legal issues.
A trademark checker is a tool—often web-based—that allows you to enter a word, name, or logo and search for existing trademarks that may be similar. Many tools offer a quick analysis of whether a name might be available, including:
Direct hits (identical names)
Partial hits (a portion of the name)
Phonetically similar names
Related goods or services
Some popular trademark checkers include:
While online tools are great for preliminary searches, don’t rely on them alone if your name is core to your business identity. An experienced trademark lawyer can help interpret results and assess risk.
Before you settle on a name and move forward with your application, it's not enough to simply check whether it's already in use. You also need to consider how strong or weak your trademark is from a legal perspective. Even if a name is “available,” that doesn’t mean it’s a good candidate for registration or enforcement.
That’s where trademark suitability comes into play—understanding whether your name is distinctive enough to qualify for protection.
Trademarks fall into a spectrum of distinctiveness, ranging from strong to weak:
Strong trademarks are unique, distinctive, and memorable—and they’re easier to register and enforce. These include:
Fanciful marks – made-up words
Arbitrary marks – real words used in unrelated contexts
Suggestive marks – hint at qualities without describing them directly
Strong trademarks are the most suitable for legal protection because they’re unlikely to be confused with existing brands and are inherently distinctive.
Weak trademarks are descriptive or generic, and typically harder to register with the USPTO. These include:
Descriptive marks – directly describe the product or service
Generic terms – common names for goods/services
Descriptive marks may still gain protection over time, but only after they acquire "secondary meaning"—proof that consumers associate the name with your business alone. Generic marks cannot be registered.
To obtain a federal trademark registration in the U.S., you must file an application directly with the USPTO. Registration cannot be completed through third-party sites—it must go through the USPTO’s official online system.
While some companies offer filing services, the actual registration process is handled only by the USPTO. Be cautious of unofficial websites or unsolicited offers that mimic government filings.
State-level trademark registration is another option, typically handled by a state’s Secretary of State office. While easier and less expensive than federal registration, it only provides protection within that specific state and under state law.
This limited scope may offer some value for hyper-local businesses, but in today’s digital and e-commerce-driven world, state registration alone is often insufficient. If your brand reaches customers across state lines—or plans to—federal registration offers far stronger, broader protection.
A federally registered trademark can potentially last forever—but the registration must be maintained. To maintain federal registration in the United States, you must timely file all post registration maintenance documents.
These documents include:
Declaration of Use (Section 8), which must be filed between the fifth and sixth year following registration;
Combined Declaration of Use and Application for Renewal under Section 8 and Section 9, which must be filed between the ninth and tenth year after registration and then every 10 years thereafter.
⚠️ Failing to file the correct forms on time will result in automatic cancellation of your trademark rights. A cancelled registration cannot be revived or reinstated.
Ever wonder about those little symbols next to brand names?
Indicates you’re claiming rights to a name, slogan, or logo
Does NOT require registration
Can be used anytime you are using a name or symbol in commerce
Use it when:
You haven’t filed with the USPTO yet
Your application is pending
You want to let others know you’re staking a claim to the mark
Only used once your mark is formally registered with the United States Patent and Trademark Office (USPTO)
Illegal to use the ® symbol unless you have an active federal registration
Use it when:
You’ve received an official trademark registration from the USPTO
You want to deter copycats and signal stronger legal rights
These symbols aren’t always visible on your keyboard, but they’re easy to access with the right shortcuts.
Windows: Alt + 0153
Mac: Option + 2
HTML: ™ or ™
Windows: Alt + 0174
Mac: Option + R
HTML: ® or ®
You can also copy and paste the symbols:
™ → Trademark
® → Registered
Avoid generic or descriptive terms —they’re hard (or impossible) to protect.
Unique and invented names are easier to trademark and defend.
Check domains and social handles when naming your brand to secure a consistent digital identity.
Start using your mark in commerce as soon as possible—“use” is critical to maintaining rights.
File early if you think your mark is valuable or likely to be copied.
Whether you’re launching a national brand or building your first digital product, understanding and protecting your trademarks is a crucial step toward long-term success. A solid name backed by strong legal rights gives you more confidence—and more control—as you grow.
Need help aligning your branding strategy with market data, territory design, or future expansion? Zors is here to support smart, scalable growth from the very start.
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