Question 1

What does the $2,000 flat fee cover?

Accepted Answer

The $2,000 attorney fee covers everything from clearance search through registration for up to two international classes: a comprehensive trademark clearance search, legal analysis and risk assessment, preparation and filing of your USPTO application, all attorney communication during prosecution, responses to standard USPTO Office Actions, and coordination through to issuance of your registration certificate. For more than two classes, add $250 per additional class. USPTO government filing fees are separate (currently $250–$350 per class depending on the filing basis).

Question 2

Are there any hidden fees?

Accepted Answer

No. The $2,000 flat fee is our complete attorney fee for a trademark application through registration covering up to two international classes. If you need more than two classes, add $250 per additional class. The only other costs are the USPTO's own government filing fees, which we disclose upfront before you engage us. If an unusually complex Office Action arises that requires extended prosecution beyond the standard scope, we'll discuss it with you before incurring any additional fees.

Question 3

What are the USPTO filing fees on top of your attorney fee?

Accepted Answer

USPTO filing fees are set by the government and are currently $350 per class (base application fee) for Section 1 and Section 44 applications. For example, a single-class use-in-commerce application with our flat fee would cost $2,000 (attorney) + $350 (USPTO) = $2,350 total. Intent-to-use (1(b)) applications require an additional $150 per class when filing a Statement of Use. We'll tell you exactly what to expect before you commit.

Question 4

What if my application covers multiple classes of goods or services?

Accepted Answer

The $2,000 attorney fee covers up to two international classes. If you need more than two classes, there's an additional $250 attorney fee per class beyond the first two. Each class also requires its own USPTO government filing fee. We'll advise you on which classes are necessary and whether filing in multiple classes makes strategic and commercial sense for your brand.

Question 5

What does the $195/month monitoring add-on include?

Accepted Answer

Trademark monitoring watches the USPTO database for newly filed applications that are confusingly similar to your registered mark. When a potential conflict is detected, we analyze the threat, assess the risk level, and advise you on whether action is warranted — from a cease-and-desist letter to an opposition proceeding. You can add or cancel monitoring at any time.

Question 6

Do you offer payment plans?

Accepted Answer

Contact us to discuss your situation. We work with clients on a case-by-case basis and can often structure engagement terms that accommodate your cash flow.

Question 7

What is the end-to-end trademark registration process?

Accepted Answer

The process has eight stages: (1) you complete our intake questionnaire; (2) we conduct a clearance search; (3) we prepare and file your USPTO application; (4) the USPTO assigns an examiner and reviews your application (typically 3–5 months); (5) the examiner may issue an Office Action with questions or objections; (6) we respond on your behalf; (7) your mark is published for opposition (30 days for third parties to object); and (8) your registration certificate is issued. From filing to registration, the process typically takes 8–14 months.

Question 8

What is a trademark clearance search and why do I need one?

Accepted Answer

A clearance search identifies existing registered and unregistered trademarks that might conflict with your mark before you invest in filing. It helps us assess your risk of rejection by the USPTO and potential infringement liability. Filing without a clearance search is like building on land without checking title — you may discover a problem only after significant investment.

Question 9

What happens after I submit your intake form?

Accepted Answer

After you complete the intake questionnaire through our portal, an attorney will review your submission within 1–2 business days. We'll conduct a preliminary clearance search and follow up to discuss findings, any risk factors, and confirm whether you'd like to proceed. We don't file without giving you a clear picture first.

Question 10

What is a USPTO Office Action?

Accepted Answer

An Office Action is a letter from the USPTO examining attorney raising questions or objections about your application. Common issues include likelihood of confusion with an existing mark, descriptiveness, or technical requirements. Office Actions are common and don't mean your application will be rejected — we respond on your behalf as part of your flat fee.

Question 11

What is the publication period and what happens during it?

Accepted Answer

After your application is approved by the examiner, it is "published for opposition" in the USPTO's Official Gazette for 30 days. During this window, any third party who believes your mark would harm their existing rights can file an opposition. Most applications pass through publication without opposition. If an opposition is filed, we'll advise you on the appropriate response.

Question 12

What is the difference between use-in-commerce and intent-to-use filings?

Accepted Answer

A use-in-commerce application (1(a)) is filed when you're already using the mark in interstate commerce. An intent-to-use application (1(b)) lets you file before launch to establish priority — you then submit a "Statement of Use" once the mark is in commerce. Intent-to-use filings are powerful tools for protecting a brand before it goes public.

Question 13

Not every name or logo can be registered — what makes a mark registrable?

Accepted Answer

The USPTO evaluates marks on a spectrum from generic (unregistrable) to fanciful (strongest). Descriptive marks are difficult to register without proof of acquired distinctiveness. Suggestive, arbitrary, and fanciful marks are the most protectable. We assess your mark's strength as part of the clearance process and advise you on any modifications that could improve registrability.

Question 14

I already have a state trademark registration. Do I need a federal one?

Accepted Answer

Yes. A state trademark registration only provides protection within that state. A federal USPTO registration gives you nationwide priority, the legal presumption of ownership, the right to use the ® symbol, the ability to record your mark with U.S. Customs (to block infringing imports), and access to federal courts for infringement claims. Federal registration is almost always worth obtaining.

Question 15

Can I use the ® symbol before my trademark is registered?

Accepted Answer

No. The ® symbol is legally reserved for federally registered trademarks. Using it before registration can constitute fraud and may harm your case in later litigation. You may freely use ™ (for goods) or ℠ (for services) to assert common law rights while your application is pending.

Question 16

What if someone already has a similar trademark?

Accepted Answer

This is exactly what the clearance search identifies. If a conflicting mark exists, we assess the likelihood of confusion based on the similarity of the marks, the relatedness of the goods/services, and the channels of trade. In some cases, the conflict is minor and we can proceed with a modified application or in a different class. In other cases, we'll advise you honestly that filing carries significant risk.

Question 17

What is trademark priority, and what is the significance of "first use in commerce" versus registration?

Accepted Answer

Trademark priority determines who has the superior right to use a mark when two parties claim the same or similar mark. In the United States, trademark rights arise from actual use — not registration. The party who first uses a mark in interstate commerce generally has priority over later users, even over someone who later files a federal application. This is different from most other countries, which follow a "first to file" system. Federal registration, however, creates a legal presumption of nationwide priority as of your application filing date — meaning you don't have to prove use everywhere you want protection. For Intent-to-Use (ITU) filers, your priority date is your filing date, even though you haven't yet used the mark — giving you a powerful tool to secure rights before launch. The practical takeaway: document your first use carefully (dates, invoices, packaging, screenshots), file promptly, and don't assume common-law use alone is sufficient protection beyond your local market.

Question 18

Can I trademark a color, sound, or other non-traditional mark?

Accepted Answer

Yes — but it's harder. Non-traditional marks like colors, sounds, scents, and trade dress can be registered if they've acquired "secondary meaning" (consumers associate them with your brand) and are not functional. These applications require more evidence and take longer. We handle non-traditional trademark matters and can advise on strategy.

Question 19

How long does a trademark registration last?

Accepted Answer

A federal trademark registration is valid for 10 years and can be renewed indefinitely in 10-year increments — as long as you continue using the mark in commerce and file the required maintenance documents. Between years 5 and 6, you must file a Declaration of Use (Section 8). Failing to maintain your registration will result in cancellation.

Question 20

What maintenance filings are required after registration?

Accepted Answer

Between the 5th and 6th year after registration, you must file a Section 8 Declaration of Continued Use. You can also file a Section 15 Declaration of Incontestability at that time, which significantly strengthens your mark's legal status. At the 10-year mark, you renew with a combined Section 8 & 9 filing. We track these deadlines for clients on our monitoring plan.

Question 21

What should I do if someone is infringing my trademark?

Accepted Answer

Document the infringement carefully, then consult with us before taking action. The appropriate response depends on the infringer's size, the scope of use, and your business priorities. Options include a cease-and-desist letter, a USPTO cancellation or opposition proceeding, or federal litigation. Acting promptly matters — delay can affect available remedies and may be construed as acquiescence.

Question 22

What is trademark monitoring and why does it matter after registration?

Accepted Answer

After your mark is registered, others can still file confusingly similar applications. If you don't identify and oppose these applications within 30 days of publication, the conflicting mark may register — creating expensive problems later. Our $195/month monitoring service watches for new filings and alerts you to conflicts while you still have time to act.

Question 23

Can I license my trademark to others?

Accepted Answer

Yes. Licensing your trademark allows others to use your brand in exchange for royalties or other consideration. However, you must maintain "quality control" over how licensees use the mark — otherwise you risk "naked licensing," which can result in abandonment of your trademark rights. We structure licensing arrangements that protect both your revenue and your registration.

Question 24

Does a U.S. trademark protect me internationally?

Accepted Answer

No. Trademark rights are territorial — a U.S. registration only protects you in the United States. To protect your brand internationally, you must obtain registrations in each country where you do business or plan to expand. We advise on international strategy and can coordinate filings abroad through our network of foreign associates.

Question 25

What is the Madrid Protocol and should I use it?

Accepted Answer

The Madrid Protocol is an international treaty that allows you to file a single "international application" through WIPO, designating multiple member countries at once. It's often more cost-effective than filing separately in each country. However, your international registration is dependent on your home (U.S.) application for the first five years — a weakness in your U.S. application can cascade internationally. We analyze the tradeoffs for each client.

Question 26

I'm selling on Amazon — do I need a trademark to enroll in Brand Registry?

Accepted Answer

Yes. Amazon Brand Registry requires a registered trademark (or a pending application) in the relevant country. A U.S. federal trademark registration is typically sufficient for U.S. Amazon Brand Registry enrollment. Brand Registry gives you access to enhanced brand protection tools, A+ content, and better anti-counterfeiting enforcement on the platform.

Question 27

I've been using my brand for years — do I still need to register?

Accepted Answer

Yes. Common law trademark rights exist simply through use, but they're geographically limited to where you actually do business and are much harder to enforce. Federal registration gives you nationwide priority (even where you haven't yet expanded), the legal presumption of ownership, and access to federal courts. For any brand with real commercial value, registration is essential.

Question 28

My LLC name is already registered with the state. Isn't that enough?

Accepted Answer

No. A state business entity registration (LLC, corporation) is separate from trademark rights and provides no trademark protection whatsoever. The state registrar checks for exact entity name conflicts within that state — it does not search for confusingly similar trademarks. Many clients are surprised to learn their LLC name conflicts with an existing federal trademark.

Question 29

Can I file a trademark myself without a lawyer?

Accepted Answer

Technically yes — the USPTO allows pro se (self-represented) filings. However, the USPTO's acceptance rate for pro se applications is significantly lower, and mistakes can be difficult or impossible to correct after filing. Common errors include incorrect identification of goods and services, wrong filing basis, and inadequate specimens. Given the low cost of our flat-fee service, most clients find professional representation well worth it.

Question 30

What if my application is rejected?

Accepted Answer

A rejection (Office Action) is not the end of the process — it's a common part of it. We respond to standard Office Actions as part of your flat fee. If an examiner issues a final refusal, we can appeal to the Trademark Trial and Appeal Board (TTAB). We'll advise you honestly at each stage on your prospects and the cost-benefit of continuing.

Question 31

How quickly can you file after I submit my information?

Accepted Answer

Once we have all the necessary information from your intake — and after we've completed the clearance search and you've approved proceeding — we typically file within 3–5 business days. Rush filings can often be accommodated. Contact us if timing is critical.

Everything You Need
to Know

Maintaining & Enforcing Your Mark

Ready to protect your brand?

Everything You Needto Know

Maintaining & Enforcing Your Mark

Ready to protect your brand?

Everything You Need
to Know