Perspectives
Trademark Basics for Small Business
May is Small Business Month-a time to celebrate the entrepreneurial spirit and the incredible effort that goes into building a brand from the ground up. One of the most overlooked legal tools in a small business’s toolbox? Trademarks. Whether you’re launching a new venture or growing an established one, understanding trademarks is essential for protecting your business identity and long-term success.
Here are some frequently asked questions-along with some extra insight from our team-to help small business owners make smart, informed decisions about trademark protections.
When Should I Think About Getting a Trademark?
As early as possible-ideally when choosing your business name, logo or tagline.
Trademarks are more than just symbols or words, they’re legally protected identifiers of your brand. Conducting a clearance search before committing to a name can save you from legal battles and rebranding costs later. Early trademark planning also gives you a competitive edge by helping you secure exclusive rights before your competitors do.
WFJ Tip: Even if you’re not ready to launch, you can still start the process through an Intent-To-Use application (more on that below).
How Long Does it Take to Get a Trademark?
On average, it takes 14-15 months to receive the full registration.
The trademark process isn’t immediate-it involves detailed examination by the United States Patent and Trademark Office (USPTO), a public opposition period, and possible office actions (requests for clarification or denial). During this time, your application goes through several rounds of review.
WFJ Tip: Start early so you don’t have to delay a product launch or marketing campaign while waiting for trademark approval.
I’m Interested in Getting a Trademark-Where Do I Start?
Start with a comprehensive clearance search.
This search checks federal and state databases-and sometimes even common law sources-to see if your desired name or logo is already in use. Skipping this step increases your risk of accidentally infringing on someone else’s trademark, which can lead to costly litigation or forced rebranding.
WFJ Tip: Let our legal team handle this for you. We know what to look for and how to advise you on risk.
Do I Have to be Offering the Product/Service Before Applying for a Trademark?
No! You can file on an Intent-to-Use basis.
This type of application allows you to “reserve” your trademark for up to 6 months (with extensions available), giving you time to prepare for launch while securing your rights. Once your product or services hits the market, you file a “statement of use” to complete registration.
WFJ Tip: This is ideal for startups and pre-revenue businesses. It protects your branding while you finalize development or marketing plans.
Once My Trademark is Registred, What Does It Protect and For How Long?
It protects the specific goods/services listed in your application-and can last forever with proper maintenance.
Trademarks don’t automatically cover everything your business does. They are tied to specific categories (called “classes”) of goods and services. After registration, you must file maintenance documents to keep your rights active:
- First maintenance due between 5-6 years
- Renewals required every 10 years
WFJ Tip: Ongoing protection=ongoing value. Your trademark becomes a business asset that can be licensed, sold, or used to stop copycats.
Small Business, Big Protection
Investing in trademark protection is one of the smartest moves you can make as a business owner. At Wagner, Falconer & Judd, we help simplify the trademark process so you can focus on building your business with confidence.