You can have both a trademark and a patent, though they won't be for exactly the same thing. A trademark can protect a creation's name, for example, and a patent can protect the actual creation itself.
First, applications take months (24-32 months on average) to proceed from application to registration.
As of this writing, a California trademark filing costs $70.
The presence of a trademark or trade name in a patent claim is not, per se, improper under U.S. patent law (specifically 35 U.S.C. §112(b) or pre- 35 U.S.C. §112, second paragraph).
You can get this for your brand by registering at the United States Patent and Trademark Office (USPTO). Anyone can use a TM symbol regardless of whether they've successfully registered the trademark, or whether they've applied for a trademark at all.
Likelihood of confusion is a common reason for refusal of a trademark application. The USPTO will review your application and compare your mark to any existing trademark applications or registered trademarks.
Trademark process Step 1: Is a trademark application right for you? ... Step 2: Get ready to apply. Step 3: Prepare and submit your application. Step 4: Work with the assigned USPTO examining attorney. Step 5: Receive approval/denial of your application. Step 6: Maintain your registration.
The symbol ® (often seen in superscript like this: ®) is used to provide notice to the public that a trademark or service mark is registered.
Citing a registered trademark is done by including the year of issuing the patent, the name(s) of the inventor(s), and the title of the patent.