Trademark Articles

Trademark Symbols ®, ™, ℠ – An Overview (Updated)

Using the right trademark symbols–such as the circled “R” (®), “TM” (™), or “SM” (℠)–tells the world what IP rights you claim. The circled “R” (®) symbol means “registered trademark.” The “TM” (™) symbol means unregistered or common law trademark claim. An “SM” (℠) symbol is similar to “TM,” but means “service mark.” The trademark symbols provide the public notice about what intellectual property (“IP”) rights you possess. Selecting the wrong symbol can come with penalties or undervaluing your mark.

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How Much is the Cost to Trademark? (2022 Update)

The cost to trademark in 2022 is $250 per International Class of goods and/or services. However, it may be $350 if a custom description is required. In addition, if you file an “Intent to Use” trademark, you will be required to pay $100 for a Statement of Use. This article discusses how the costs to file a a trademark can vary.

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Can You Trademark an NFT?

Whether you can trademark a non-fungible token or NFT depends upon whether the NFT is part of a collection that serves as a source indicator.

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How Long Does a Trademark Last in the U.S.?

How long a trademark lasts in the U.S. does depend on declaration and renewal filings. Trademarks are capable of perpetual existence, but must be renewed every ten years. In addition, a declaration between the 5th and 6th anniversary is required, and a declaration plus renewal is necessary during the 9th and 10th anniversary. While there is a 6 month grace period, please keep these dates in mind. This is repeated every decade so long as the trademark is in use.

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Do You Need an LLC to Trademark?

You do not need to own an LLC to file a trademark. However, filing for an LLC first can give you two distinct advantages: (1) privacy; and (2) no need to reassign at a cost.

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