FAQ

	United States Trademark SMALL BUSINESS DIVISION Region 250 888-250-USTM ustm.us.com

Protecting Small Business, Nationwide

Avoid costly disputes

Protect your business name

Register your trademark

Frequently Asked Questions

Did you know it is estimated that 175,000 small business are forced to change their name each year? more..

Register your business name now

Don’t wait until it’s too late. Trademark disputes cost small business owners over 3 billion annually in legal fees and over 10 billion in costs associated with name changes and lost revenue.

It’s your name – protect it! Click here

“It has never been more essential for you to consider registering your name as a trademark, especially if you are a small business owner or are starting a small business”
- US Patent and Trademark Office

“People think that a DBA, Corporation name or a web site address is a trademark: That notion is false”.
- Lynne Beresford, commissioner of trademarks at the Trademark Office.

“Large companies, who are trademark holders, can threaten small business owners, who are not violating anyone’s trademark, to force them to surrender their name”.
- U.S. Office of Advocacy

“If businesses would just register the names they use for legitimate purposes, they won't have to really deal with the big companies coming after their names”.
- Small Business Alliance

“The fact is that majority of small businesses don’t survive a name dispute, whether they fight or not. Once a small business has sued, they have already lost,"
- The U.S. Small Business Administration's Office of Advocacy

“The dispute resolution procedure has a significant economic impact on small businesses who are not infringing on trademark protections”.
- U.S. Small Business Administration

“The name dispute process favors the large corporation to such a drastic extent that it represents a de facto expansion trademark rights far beyond current law”.
- Office of Advocacy

“Trademark experts -- lawyers, lobbyists and others -- think few people understand that establishing and protecting brand names is a critical part of the economic success”.
- New York Times

Why did I receive a notice?
The notices are sent to businesses who’s trade name may be at risk. Typically because there is more than one business using the name or a larger company has filed for a similar name. Contact this office immediately for more information. Click here

Do I have to register my name?
If you want your business name protected, Yes. Learn More

I have a DBA – am I protected?
Business names are just business signifiers, not a form of entitlement or an active title that is owned exclusively by a business. Business names do not offer any rights to the name or protect its owner against claims for the name. For this you need trademarks. Learn More

Is my Corporation name protected?
Corporation names are just business signifiers, not a form of entitlement or an active title that is owned exclusively by a business. Corporation names do not offer any rights to the name or protect its owner against claims for the name. For this you need trademarks. Learn More

Can I think about it?
If you received a notice, waiting it is not recommend. The notices go out to other businesses with the same or similar names. One of them might not need more time to think about protecting their name. Learn More

I’ve been in business for years without a trademark?
The longer you’ve been in business, the more critical it is to protect your name. Imagine the total cost of replacing all printed material, signage, web page, added to the amount you’ve spent advertising your business name. Learn More

What happens in a tradename dispute?
Generally the large company sues the small company in Federal Court. The small company can defend itself, or voluntarily change it’s name. Learn More

Can I lose my Domain Name?
Yes.

Can’t I defend myself if I’ve been using the name?
Yes. In Federal Court. Typical attorney fees exceed $100,000. Learn More

How much does it cost?
USTM charges just $199 for processing your application. Click here

I am a start-up. Is it worth it for me to register?
Yes. No matter small or new you are. Consider the cost of the most basic name change: Business cards, fictitious business name, domain name, logo, flyers or signs, bank account and checks.
Why register?

Registration is direct evidence of ownership. In a dispute, the registered owner does not have to prove ownership; the onus is on the challenger.
Use of an unregistered trademark can lead to a lengthy, expensive legal dispute over who has the right to use it.
A registered trademark is handled from an accounting standpoint as an asset. Thus a registered trademark increases a company’s book value.

Do I have to go through USTM?
No. You can hire an attorney.

Are you a government agency?
No. We are a private contract processor that interfaces directly with the United States Patent and Trademark Office in Washington D.C. Learn More

Can I do this myself?
It is not recommend. If you choose to not use USTM you should hire an attorney.

What is a Trademark?
A trademark is a brand name. i.e (Your Business name and/or logo) A trademark includes any word, name, symbol, or device, or any combination used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. Learn More

I already have a trademark?
The notice was sent in error. Disregard the notice.