The Lanham Act is the core federal statute that lets a business register its brand name, logo, or slogan with the USPTO. Codified at 15 U.S.C. 1051 et seq., it creates two paths to registration: a use based application for marks already used in commerce, and an intent to use application that lets a business reserve a mark before launch, which is especially useful during a rebrand or naming project.
How the Lanham Act Registration Process Works
The application must verify ownership, describe the goods or services, and include specimens showing the mark in real use. Filing an application that falsely claims use, or picking a name that conflicts with an existing registration, wastes filing fees and can force a costly rebrand.
Why Federal Registration Matters for Brands
For agencies and their clients, federal registration is the payoff of a good clearance process. It provides nationwide priority, a legal presumption of ownership and validity, the right to use the registration symbol, and stronger remedies in court. This statute is the reason name clearance searches happen before design work is finalized.
Source: United States Code: 15 U.S.C. 1051 et seq.
Enforcement note: Trademark rights are enforced through private legal action rather than a government complaint office. If you believe a mark is being infringed, consult a trademark attorney.
