by vaiveatoish » Fri Dec 23, 2011 8:53 am
In the USA it actually IS free to obtain trademark protection. You just start using the brand on your goods and services in commerce and you automatically acquire a "trademark". You may OPTIONALLY register it in one or more states or in the USPTO. Registration provides valuable evidence of your priority and defines the scope of the products and services to which you are applying it. Federal registration (a few hundred dollars) gives you national priority over anyone else coming along with a similar name in a similar field.
Of course, if you are NOT the first, then someone else can force you to change your trademark. That is why people with valuable trademark ideas often obtain a "clearance" opinion from an attorney who has evaluated a professionally crafted search of hundreds of databases.