Trademarks

Online filing normally takes less than 1 business day. Please allow 7-10 business days for the processing of any filings received by mail. Online registration is the preferred method. There is no extra fee for online registration.

For a complete list of reasons that we may decline to register your trademark, please review our Trademark Suitability Standards.

Trademarks vs. Business Names

A trademark is any word, phrase, symbol, or design, or combination thereof, that identifies and distinguishes the goods of one party from those of others.

A business name is the name of a business entity or a name a person does business as. A trademark is not a business name. If you are seeking to register a business name, please visit our business registration pages.

Trademarks vs. Service Marks

Although the term trademark is often used to refer to both trademarks and service marks, the two marks serve different purposes:

A trademark is used to identify goods made or sold
A service mark is used to identify services rendered

Vermont law does not provide for the registration of service marks. Vermont law only provides for the registration of trademarks. (9 V.S.A. Ch. 71)

State vs. Federal Trademarks

Trademarks can be registered at both the state and federal level. Federal trademark law may preempt Vermont’s own law on trademarks in many cases; nevertheless, many legal experts believe that state registration of trademarks will serve to establish the date on which the mark’s use began more efficiently than other methods.

For more information regarding state vs. federal trademark registration, please visit www.inta.org.

Use of Symbols

The symbols ™ for trademark, and ℠ for service mark, may be used to indicate that the owner claims rights to a mark, regardless of whether the mark is registered at the state or the federal level.

The use of the ™ or ℠ designations only serve to inform the public that a word, logo, slogan, design, etc., is being used as a mark and reflects the owner’s intent to claim trademark rights in the mark. However, the use of these symbols themselves does not guarantee that the owner’s mark will be protected under trademark laws.

The owner of a federal or foreign national trademark registration may use the ® symbol. A state trademark registration does not confer the right to use the ® symbol.

For more information regarding the use of symbols, please visit www.inta.org.