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!
✔ Comprehensive clearance search and report.
✔ Detailed opinion letter analyzing potential risks and conflicts.
✔ A courtesy search in the event the initial search comes back as high risk.
✔ Drafting and filing your application.
✔ Responses to administrative office actions.
✔ Unlimited emails and up to 2 phone calls with Kate throughout the process.
✔ Filing fees for 1 class of goods & services included (any additional filing fees will be assessed separately)
Meet with Kate during a 30-minute phone or Google meet call to talk through your brand, what you're building, and whether trademark registration is the right move right now. During the call Kate will answer any questions you have about the process and let you know if there are any immediate red flags.
- 30 minutes
Once you decide to move forward Kate will send over an engagement letter and invoice to make things official. Then she'll collect all of the information she needs to get started with the search process. This helps sets the foundation for everything that follows and ensures nothing falls through the cracks.
- 15 minutes
Kate will run a comprehensive clearance search to see what else is out there. This goes beyond a simple Google search. It looks at existing trademarks, applications, and common law uses to identify potential risks and conflicts with filing your application.
After the search is complete Kate will send over a detailed opinion letter analyzing the results in plain language. You'll get a green light, yellow light, or red light, so you know what the results mean for your application and exactly what you're working with before moving forward.
- 5-7 days
Kate will draft your trademark application with the U.S. Patent and Trademark Office (USPTO). Once the application is drafted it will be sent to you for your review and signature before filing.
- 1-2 weeks
After your application is submitted it enters the USPTO review process, which can be a bit of a waiting game. Your application will be assigned to an examining attorney who may issue an office action if they have any questions or concerns with your application. It can take over a year for your trademark to register even if things go smoothly.
- 9-12+ months
Once your trademark is registered it requires ongoing maintenance filings to stay active. Kate will make sure you know what's due and when so your trademark doesn't lapse down the road.
- every 5 years
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.