Further, it's easier to expand the zone of protection for a fanciful mark beyond the initial product on which it is used. You can search the Trademarkscan database on the Dialog online information service to see if the mark you have chosen is already registered in the Patent and Trademark Office. Trademark and service mark protection are available under both federal and state law. You don't need to register a mark in order to obtain the basic rights afforded under state law. Rights in a mark arise upon its use in commerce in connection with a particular good or service.
Registration typically takes three to six months if no opposition or problems are encountered.
Federally registered marks ought to be identified by the R symbol. If you refer to a trademark belonging to someone else in an advertisement or for some other purpose, you should indicate clearly that the mark is owned by the other person. Although there are international trademark treaties, you need to be very careful about protecting your trademark rights in other countries. For example, sending a software product to a reseller in another country may result in that reseller becoming the owner of your mark in that country. Instead, consider registering a trademark for your product.