If you're a content creator or online business owner, your brand name is the crux of your business. Owning a federally registered trademark is what stops someone else from copying your brand name, launching a lookalike business, or building an audience off of your reputation with no legal way for you to stop them.
Without one, you're building on rented land. With one, you own the ground under your feet!
What's Included when you purchase a full package:
✔ Comprehensive clearance search and report
✔ Detailed opinion letter analyzing potential risks and conflicts
✔ A courtesy search in the event the search comes back as high risk
✔ Trademark application
✔ Filing fees for 1 class - worth $350 (additional filing fees may be assessed by the USPTO)
✔ Unlimited emails and up to 2 phone calls with Kate
During your trademark consultation Kate will get more information about your business and the mark(s) that you are interested in trademarking. This will allow Kate to provide her initial impression about the mark(s) and whether it's worth moving forward with a comprehensive clearance search and application. Kate will also go over the trademark process and timeline, and answer any questions you may have.
Note: A consultation is NOT a substitute for a comprehensive clearance search!
If you purchase a trademark package and your initial search flags a high risk conflict (aka someone already has a similar trademark for a similar business), I'll run a second search at no additional cost before you decide how to move forward. I'll also give you options on how to move forward with your business without potentially infringing on someone else's trademark.
You can opt to pay-as-you-go instead of purchasing a full trademark package. This is a great option if you just want to a run a clearance search before you start using a name to make sure you're not infringing on someone's existing registered trademark. Keep in mind that opting for pay-as-you-go services may result in higher attorney fees than a package.
In typical lawyer fashion, the answer is it depends! If you hire me to file your trademark application you will receive your clearance search results and opinion letter within one week. Once the application is filed the USPTO's standard timeline runs 9 months to over a year depending on whether you're currently using the mark that you want to protect, or if you intend to use it in the future. I'll walk you through realistic timing during our consultation.
Once your application is submitted, it enters the USPTO queue for review by an examining attorney, which typically takes about 6 months. If they have questions or concerns, they'll issue what's called an office action. If there are no issues, your mark moves forward to publication, where the public has a window to oppose it. If no one opposes it, your mark moves toward registration.
An office action is a formal letter from the USPTO examining attorney asking a question or raising an issue. Sometimes the office action is minor and just requires a quick response, which Kate will take care of. However, sometimes the office action raises a bigger substantive issue that requires a legal brief to respond to. Many strong applications get an office action during the trademark application process. It's totally normal and doesn't mean that the mark will be rejected.
Yes, it's possible. Once your mark clears examination, it's published for a 30-day window where other businesses can formally object if they believe it conflicts with their own mark. Most applications pass through this stage without issue, especially when we've done a thorough clearance search up front.