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A trademark protects brand names and logos used on goods and services. A copyright protects original artistic or literary works (like books, music, or films). A patent protects inventions or discoveries. In short: Trademarks protect branding, Copyrights protect creative content, and Patents protect functional inventions.

A common law trademark is one that is used in commerce but not registered with the USPTO. It offers limited protection, usually only within the specific geographic area where you operate. Federal registration provides nationwide protection, a legal presumption of ownership, and the right to use the symbol.

The best names for trademarks are usually 'fanciful' (made-up words like Exxon) or 'arbitrary' (common words used in an unrelated way, like Apple for computers). Names that are 'suggestive' (like Netflix for streaming) are also strong. Avoid names that are purely 'descriptive' (like Cold Beer) or 'generic' (like Smartphone), as they are very difficult to protect.

You will generally need the name and address of the owner, a clear image or text representation of the mark, a list of the goods or services being protected, and (if already in use) the date of first use and a specimen showing the mark being used in commerce.

The main types include Standard Character Marks (protecting the words regardless of font or style), Special Form Marks (protecting specific logos, fonts, or designs), and Collective Marks (used by members of a group). There are also Service Marks, which are effectively trademarks for services instead of physical products.

The USPTO will reject any application that is 'confusingly similar' to an existing registered mark. Running a search before filing helps you identify potential conflicts, saving you non-refundable filing fees and months of time if your name is already taken.