Trademarks Explained: Answers to the Questions People Actually Ask

66 questions on trademarks explained, answered and cited by the UpLaw editorial team.

• Can an examiner refuse a mark because it is a surname?
• Can an incontestable registration still be attacked?
• Can a trademark last forever?
• Can the same product be protected by trademark, copyright, and patent simultaneously?
• Can you lose a trademark even while your paperwork is current?
• Can you trademark a hashtag?
• Can you use a name that another company already uses?
• Does an NFT or virtual goods project escape trademark law?
• Does a U.S. trademark registration protect you abroad?
• Does the USPTO recommend using an attorney?
• Do you need a lawyer to file a trademark application?
• How can failing to police a mark hurt the owner?
• How did the USPTO restructure trademark fees in 2025?
• How do brand teams guard against genericide?
• How does a specimen refusal differ from other technical objections?
• How does the intent-to-use system change a startup's timeline?
• How do the USPTO and courts actually decide likelihood of confusion?
• How do trademarks pass to heirs or buyers?
• How long does it take to register a trademark?
• How long do you have to respond to a trademark Office Action?
• How much detail should a trademark application's description of goods include?
• Is a logo with artwork in it a trademark or a copyright?
• Is an Office Action a rejection of your trademark application?
• Is a trademark registration worth the cost for a small business?
• Should a trademark dispute go to the TTAB or federal court?
• What are the mechanics of completing an intent-to-use application?
• What are the substantive trademark refusals?
• What are the three layers of trademark protection people confuse?
• What are the two cost buckets in trademark registration?
• What decisions in a trademark application quietly determine its value?
• What defenses can an accused trademark infringer raise?
• What does "bona fide intent to use" actually require?
• What does the phrase "use it or lose it" mean for trademarks?
• What filing bases are available for a U.S. trademark application?
• What happens if someone infringes your trademark?
• What happens if you miss a trademark maintenance deadline?
• What is a certification mark versus a collective mark?
• What is a failure-to-function refusal?
• What is an intent-to-use trademark application and why is it powerful?
• What is an Office Action and should you panic when one arrives?
• What is a USPTO post-registration audit?
• What is naked licensing and how does it destroy a mark?
• What is the difference between the Principal and Supplemental Registers?
• What is the difference between trademark, copyright, and patent?
• What is the metaverse question for trademark owners?
• What is the one idea that explains most trademark rules?
• What is the practical value of a trademark clearance search?
• What is the publication and opposition window?
• What is the real cost of using the ® symbol improperly?
• What is the risk of claiming goods you do not actually sell?
• What is the trademark maintenance calendar?
• What is trademark abandonment and how is it proved?
• What is trademark dilution and who can use it?
• What makes a trademark strong or weak?
• What makes trademark litigation so expensive?
• What should you budget for beyond the initial trademark filing fee?
• What should you do the day your trademark registration issues?
• Why does the Nice classification affect more than just cost?
• Why does the USPTO require foreign applicants to use a U.S. attorney?
• Why does the USPTO run post-registration audits?
• Why do sophisticated owners file Sections 8 and 15 together?
• Why is a consent agreement useful in overcoming a refusal?
• Why is a Section 15 incontestability declaration valuable?
• Why is registration described as a beginning rather than an ending?
• Why is trademark prosecution described as deceptively simple?
• Why should a founder file a trademark application early?