New to trademarks, or want to be sure you get it right? MarkMyLogo's tools check your mark and your application details before you file, so avoidable mistakes don’t cost you time and fees.
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A standard character (word) mark protects the words themselves, in any font, size, style, or color. It is generally the broadest form of protection, so it is usually the place to start.
In a standard character application, capitalization does not narrow what you are claiming. All capital letters is a common convention, and it avoids suggesting a particular style or lettering.
If you file a logo, consider filing it in black and white without claiming color. The registration is then not limited to particular colors, so the design is protected in any color. A color claim ties your rights to the colors shown.
Consider filing the word mark and the logo as two applications instead of one combination mark. A combination mark is tied to the arrangement shown, so a stacked or horizontal version of your logo may not match it. Filing the words and the design on their own gives you more flexibility in how you lay them out.
This is general guidance, not legal advice. The right choices depend on your situation, and a trademark attorney can advise you on them.
Check before you file
Each tool looks for a problem that commonly causes a refusal or a delay. They flag items for review, so you can fix them before you file.
The Common Law Trademark Search finds businesses, products, and brands already using the name on the web and social media, including uses that never appear in the USPTO database.
Try the free search →A mark that is primarily a surname can be refused. The Surname Check shows how common each word in your mark is as a surname.
Surname Check →A foreign word can be treated as its English meaning when the USPTO examines it. The Foreign Word Check looks at what the wording means.
Foreign Word Check →Wording that merely describes what you sell is hard to register. The Descriptiveness Check gives you a preliminary read.
Descriptiveness Check →Geographic wording can raise its own issues. The Geographic Term Check flags place names in your mark.
Geographic Term Check →The owner’s name, entity type, and address need to be accurate. In the workspace, the address check and the Ownership Audit compare your details with the records.
See all tools →How it works
Find who is already using the name on the web and social media. Federal records are coming soon.
Check surnames, foreign wording, descriptiveness, geographic terms, and the applicant’s name and address before they go into the application.
Build the application with exact USPTO goods-and-services wording. The company signs off on the final information, and the application is ready to file.
Check the application against the company’s other records. The Ownership Audit is available now; Chain of Title, Specimen, and Full audits are coming soon.
MarkMyLogo prepares and checks your application information. It does not file with the USPTO. The checks flag items for review and are research aids, not legal conclusions.
Questions
For most filers, the word mark is the best place to start. A standard character (word) mark protects the words themselves, in any font, size, style, or color, which is generally the broadest protection. A logo application protects the design as shown. If both the name and the logo matter to your business, consider filing them as separate applications instead of one combination mark. A combination mark is tied to the arrangement shown, so a stacked or horizontal version of your logo may not match it.
In a standard character application, capitalization does not narrow what you are claiming. Typing the mark in all capital letters is a common convention, and it avoids suggesting a particular style or lettering.
Consider filing your logo in black and white, without claiming color. A registration that does not claim color is not limited to particular colors, so the design is protected in any color. A color claim ties your rights to the colors shown.
Common reasons include a mark that is confusingly similar to an existing one, wording that merely describes the goods or services, a mark that is primarily a surname, problems with the description of goods and services, and mistakes in the applicant details. MarkMyLogo's tools help you look for these issues before you file.
No. MarkMyLogo prepares and checks your application information. It does not file with the USPTO. The checks flag items for review and are research aids, not legal conclusions.
You can run a free common law search without an account. A free account adds downloadable reports, more research tools on the same mark, and your first 3 Trademark Search Reports free. Further reports use credits.