Why is it so hard to get a trademark?
Asked by: scraper | Last update: August 16, 2026Score: 0/5 (0 votes)
Getting a trademark is difficult because the registration process is a rigorous legal proceeding rather than a simple administrative form. The system is designed to protect consumers from confusion. The primary reasons for this difficulty include:
How hard is it to get a trademark approved?
Trademarking a name isn't necessarily hard, but it is a highly legalistic, time-consuming, and expensive process. It typically takes 12 to 18 months and requires tenacity to get through the bureaucratic hurdles.
Is Taylor Swift's name trademarked?
Yes, Taylor Swift’s name is heavily trademarked. Her name, signature, and numerous phrases are registered through the U.S. Patent and Trademark Office and worldwide to protect her brand across merchandise, music, and entertainment, managed by TAS Rights Management, LLC. As of 2026, she has expanded this to include voice and likeness protection against AI.
What is the average cost of a trademark?
As of this writing, a California trademark filing costs $70.
Is trademarking a logo worth it?
It depends. Higher value tends to lie in name recognition rather than familiarity of a logo. Since logos change more often than names, it usually makes more sense to register a standard character mark to protect the business moniker itself.
Copyright vs Trademark 101
Should I do LLC or trademark first?
You should establish your LLC first, and then apply for your trademark.
How do I do a poor man's copyright?
A "poor man's copyright" is a method where creators mail a copy of their work to themselves and keep the envelope sealed to prove the date of creation. While people have done this for decades to save money, it is largely a myth and does not provide valid legal protection in courts.
Is it cheaper to copyright or trademark?
The USPTO says the base application filing fee for a trademark is $350 per class if the application meets the requirements, with added fees possible for missing information or custom identifications. The Copyright Office lists $45 for one narrow electronic filing type and $65 for the standard application.
What names cannot be trademarked?
Non-trademarked names, or generic terms, are words that define a product or service category rather than a specific brand. Examples include "computer," "pizza," "coffee," or "bank". Unlike brand names, these cannot be exclusively owned because they are essential for public communication and competition.
Can I trademark a name myself?
You can trademark your name, but only if you use it in commerce to brand specific goods or services. You cannot trademark a name just to own it personally. To be approved, your name must be distinct and not conflict with existing brands.
Is "I'm just a girl" copyrighted?
"I'm Just a Girl" | By James Roche | Copyright Sony/ATV Music Publishing | Song Copyright Information | Easy Song.
Is McDonald's R or Tm?
TM Symbol Copy
It means the McDonald's company logo is a registered trademark and protected under the law.
What famous song is not copyrighted?
Rockin' Robin was written by Leon Rene aka “Jimmie Thomas” and was recorded by the American singer Bobby Day in 1958. “Rockin' Robin” ended up being the most popular song of his career. The copyright on Bobby Day's version of Rockin' Robin was never renewed, making it a popular choice among royalty-free songs.
Do I need a lawyer to get a trademark?
No. You do not need an attorney to file an application for registration of a trademark with the United States Patent and Trademark Office (USPTO). That being said, you really ought to hire an attorney if you can afford one.
Which is better, TM or R?
The R (®) symbol is definitively "better" because it indicates your trademark is officially registered with the government (such as the USPTO in the US). While the TM (™) symbol is helpful for claiming an unregistered mark and putting others on notice, it lacks the strong, federally protected legal rights that come with registration.
What are common trademark mistakes?
Failure to Consider Potential Scope of Use
A company often fails to consider the scope of use of the mark. The initial plan may be to use a proposed mark in connection with only one or a few products. But as the brand develops there may be a desire to expand the use to related or even unrelated products and services.
Can you be sued for using a trademarked name?
Suing for Trademark Infringement
If a person who owns a trademark thinks that someone else is using it without permission or authorization, they can take legal action by filing a lawsuit. Depending on the specific circumstances of the case, the lawsuit may be filed in either state or federal court.
What names to avoid for LLC?
When choosing an LLC name, avoid restricted, misleading, and heavily trademarked terms to prevent immediate state rejection or future legal trouble. Key categories to avoid include:
What are the three things not protected by copyright?
Under U.S. copyright law, copyright protects the specific expression of a work but does not extend to its foundational elements, functional uses, or publicly available information. Three prominent categories of items that are not protected by copyright are:
What is the 5 year rule for trademarks?
Once a trademark registration is more than five years old it becomes more difficult to invalidate the trademark rights. If the registration is less than five years old, the party challenging the trademark rights can rely on any ground that could have prevented registration initially.
Should I get a trademark or LLC first?
In most cases, you should get an LLC first. An LLC establishes your official business entity, limits your personal liability, and provides the proper legal owner to hold your trademark.
What are 5 things that can be copyrighted?
Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.
What loses copyright in 2026?
In the United States, books, films, and other media published in 1930 enter the public domain in 2026, along with sound recordings from 1925. Many are obscure, but we've highlighted some of the big names below, including a certain spinach-loving, strong-armed sailor.
What is the 3 month rule for copyright?
A person who has preregistered a work is required, in order to preserve the legal benefits of preregistration, to register such work within one month after the copyright owner becomes aware of infringement and no later than three months after first publication.
What are two things that Cannot be protected by copyright?
Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks.