Trademark Registration
Protect Your Brand Before Someone Else Does.
A federal trademark registration gives your brand nationwide protection. Without out, your rights are limited. Let’s change that.
WHY IT MATTERS
Common Law Rights Only Get You So Far.
Simply using a trademark, even without registration, can establish limited rights. Those rights are generally going to be limited to the geographic region you are operating in, like the state you are located or even narrower area within that state.
A federal trademark registration changes everything. It provides constructive notice to the entire country that you own the mark. A subsequent user cannot claim good faith ignorance and your rights are no longer geographically limited. With a federal trademark registration in your pocket, you will have a much better chance stopping someone with a confusingly similar mark anywhere in the United States.
Bottom line: if you value your brand, it deserves federal protection.
Step By Step
The Trademark Registration Process
A comprehensive search is performed to identify any marks that may block your application. You'll receive a written opinion analyzing the risks and likelihood of approval before anything is filed.
After reviewing the search results together, the application is filed with the USPTO. Then the waiting begins — it typically takes 3–4 months before the application is assigned to an Examining Attorney.
Within 6–7 months of filing, an Examining Attorney at the USPTO will review your application. They'll search for conflicting marks and check for any legal issues that could prevent registration.
If the Examining Attorney issues an Office Action, your application has not been approved — but that doesn't mean it's over. You typically have 6 months to respond. Many Office Actions can be overcome with the right response.
If no Office Action issues — or one is successfully overcome — your application is approved for publication. This opens a 30-day window for third parties to oppose your registration.
If no oppositions are filed, your trademark proceeds to registration. The full process typically takes 9–12 months without issues — and can take longer if complications arise. Worth every bit of it.
HOW CAN I HELP
Trademark Services
COMMON QUESTIONS
FAQ
When should I file a trademark application?
As early as possible. A trademark application can even be filed before you’ve started using the mark, as long as you have a bona fide intent to use it. This allows you to effectively reserve a mark for up to three years after allowance by the USPTO — giving you a significant head start over competitors.
How much does a trademark application cost?
The current USPTO government filing fee is $350 (or more if custom) per class of goods or services, depending on the type of application. If your brand covers multiple classes, fees increase accordingly. My legal fees are done on a flat-fee basis. Contact me for a quote specific to your situation.
Is my mark guaranteed to register?
No. Filing an application does not guarantee registration. The Examining Attorney will review your application, search for conflicting marks, and determine whether to allow it. If approved, there’s a 30-day publication period where third parties can oppose. Having an attorney navigate this process significantly improves your odds.
What is the difference between "first use in commerce" and "first use anywhere"?
“First use in commerce” refers to when you began using the mark in interstate commerce — across state lines or between the US and another country. “First use anywhere” covers local use that may not cross state lines. These dates can be the same, but understanding the difference allows you to file a more accurate application.
What are common law trademark rights?
Common law rights arise from continuous use of a mark without federal registration. The problem is that protection is limited to the geographic region where you’re actually using the mark — which is why federal registration is almost always the better path for any business with growth ambitions.
State vs. federal trademark. Which is better?
Federal registration is almost always the stronger choice since it provides nationwide protection. That said, there are situations where both state and federal applications make sense and can be used together. We can discuss what’s right for your specific situation during a consultation.
Ready to Get Started?
Let’s Protect Your Brand.
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