A trademark or service mark is a word, name, symbol, design, phrase or slogan or a combination of these items which are used by individuals, groups or organizations to identify their goods or services and to distinguish them from others. Generally, you may apply for federal registration of a trademark if you either presently use the mark "in commerce" or if you have a bona fide intention to "use the mark in commerce". Although no use of the mark is required prior to filing an application, use of the mark in commerce is required before registration is granted. For the purpose of obtaining federal registration, commerce means interstate commerce or commerce between the U.S. and another country.

A trademark application consists of (1) a written, formal application, (2) a drawing of the mark and (3) the appropriate filing fee. If the application is based upon present use of the mark, the application must also include three specimens or examples showing the actual use of the mark in connection with the goods or services. The filing fee depends upon the number of classes cited in the application. Each class costs $245.00

The application for federal registration of a trademark is filed in the U.S. Patent and Trademark Office in Washington, D.C. The application is examined by a trademark attorney who reviews the application to determine that the mark is not likely, when used on or in connection with the goods or services listed in the application, to cause confusion, or to cause a mistake, or to deceive the consuming public regarding the source or origin of the goods or services. The trademark attorney will also determine whether the mark is inherently capable of distinguishing the good or service in the marketplace.

Once the application has passed the trademark attorney's review, it is then "published" to give other businesses or individuals an opportunity to oppose the registration of the mark. If no opposition is made or it is unsuccessful, the registration will be granted, which is documented by the issuance of a Certificate of Registration.

Federal trademark registrations provide protection only in the U.S. and are valid for ten years and can be renewed for ten-year periods if the mark is continuously used. Between the fifth and sixth year after the date of initial registration, the registrant must file an affidavit setting forth certain information to keep the registration current. If no affidavit is filed, the registration is cancelled.

The registration symbol ® may be used to indicate that it is federally registered. The symbol "™" or "SM" may be used to indicate that the word or phrase has been adopted as a trademark but that it is unregistered.