FAQ: Trademarks Your Questions Answered

Here are questions about trademarks that my small business clients often ask. If you considering getting a trademark registered -your logo or company name – first read my detailed review of Legalzoom trademark services.

1. Are trademarks amortized? No, because the US Patent and Trademark office renews your trademark every 10 years it does not become obsolete – or of lesser value over time – which is what amortizable accounts for in your tax returns.
2. Are trademarks capitalized? – Trademarks and Brands are referred to as – Intangible Assets and there are specific rules covering capitalization as detailed in SFAS (Statements of Accounting Standards). All development costs for trademarks and brands are expensed the same as research costs. Amounts must be disclosed and expensed in the period they were incurred. However, your legal services fees for trademark registration can be capitalized.
3. Are trademarks case sensitive?– No, your trademark registration covers all forms of the words in sentence case, upper or lower case, or any combination case letters on the SAME or related, or competitive goods.
4. Are trademarks free? – If you mean free of cost, No. You will have legal costs, don’t skimp on this step and fees for registration at the United States Patent and Trademark Office that range from $125 – $400+ – Trademark fee information schedule, If you mean are trademarks available for you to register that is referred to as a Trademark Search. It is wise to take the time to first order a professional search for trademark availability before you begin the application process. For under $200 and about 15 minutes of your time online your search will commence. Avoid costly trademark conflicts before you apply
5. Are trademarks global? No, your Trademark registered in the US Patent Office is only protected in the United States. However, it is standard practice to seek registration of that same trademark with other countries that have joined a group called the Madrid Protocol and sometimes named an international application. Since 2014 you can submit your application to 92 countries simultaneously.
6. Are trademarks intellectual property? Yes, a Trademark is one form of Intellectual Property, which protects brand names. There are other forms of Intellectual Property such as Patents and Copyrights. Read More about the differences between these types of IP and their uses