Should you file to register a trademark
to protect your brand? Let’s find out!
What is a trademark?
A trademark is a word, phrase, symbol, or design that identifies and distinguishes one brand from another.
Not to be confused with copyright, which is used to protect your content, a trademark is used to protect your BRAND and it’s a must-have if you want to protect your business name, slogan or logo.
Have a unique, trademark-worthy business, program, course, event, or product name and/or logo? Consider trademarking it to prevent copycats from using the same name in their business.
Here’s how to get started:
1. Brand Evaluation
Is now the right time to file for a trademark registration? Is your brand trademark-able? We’ll help you figure that out before you plunk down a bunch of money for a trademark you might not be ready for.
2. Conduct a Search
If trademarking is the right step for your brand, then this is where we’ll begin because we’ve got to make sure that the name you want to trademark isn’t already owned by someone else, or even similar to another trademark.
3. File Your Appication
If your search proves successful, we move onto preparing and filing your application. After we send everything to the United States Patent and Trademark Office (USPTO), we’ll wait and wait and wait. This is usually a 6-9 month process, but right now, it’s taking even longer to get your application reviewed because there are so many people filing for trademarks.
Once in the hands of the USPTO, an examining attorney will be assigned to review your application.
Resolve Any Office Actions
As the examining attorney reviews your application, you might receive a letter from the USPTO detailing any legal problems with your chosen trademark or application. You must resolve all problems or issues BEFORE your application can proceed.
Approval of Publication
This is the home stretch, but an approved mark does not mean it’s registered yet. You’ve got 30-days to wait while the USPTO gives others the chance to challenge it.
7. Registration Success (aka pop the bubbly!)
Woohoo! It’s time to celebrate. Add that ® symbol to all applicable spots.
8. Monitoring Your Mark
Now that you’ve secured your mark, you’ve got to make sure that you protect it. Want to get notified any time someone infringes on your mark? Want an easy way to keep up with any maintenance filings the USPTO need? Our monitoring options start at $97 per month.
Pricing & Plans
Cease & Desist Letters: $1,500
Office Action Responses: starts at $1,500
Trademark Monitoring and Maintenance: starts at $97/month
Ready to get started or have questions about whether you’re ready for a trademark or not? Speak with an attorney about your brand now – book a brand evaluation.
Still have some lingering questions?
A: Unfortunately, no. This step is crucial to the success of your application. And oftentimes, those unfamiliar with the search process miss names that are similar enough to be a no-go from the USPTO. While we strongly recommend doing your own knockout search, our proprietary comprehensive search is required in order to determine the likelihood of success with your desired trademark application.
A: No. Each item you need a mark for requires a separate application. We do offer multi-application discounts.
A: No. Not from us and not from the USPTO either. We will do everything on our end to make your application successful, but we can’t guarantee it will be – that is up to the USPTO. You can rest assured that we only file applications that we are certain have a very strong chance of success, if success is unlikely, we will certainly tell you.
A: It depends. Our trademark package includes your filing fee for one class of goods/services, but if you have additional classes of goods/services, you will have to pay the additional costs of $275-$350 per additional class.
A: Possibly. To keep your trademark, there are required filings and you must actively use your mark in commerce. So, if you stop using your trademark in commerce, or if you fail to timely file your maintenance filings, you risk losing it.
A:If there is a challenge to your trademark, we will file all of the necessary responses and put forth the best legal argument to ensure that your application proceeds to registration. If we are unsuccessful and your application gets moved to the Trademark Trial and Appeal Board (we call this “Trademark Court”), that’s a whole other ballgame and we will discuss all of your options and the costs associated with Trademark Court, to help you determine whether you want to fight it out.