We generally recommend that you protect your brand elements in this order.

#1 | BUSINESS NAME (WORDS ONLY)

Your business name is likely your most valuable trademark. It’s smart to get that trademark protection first!

#2 | FLAGSHIP PRODUCT OR SERVICE

Do you have a popular product line? An online program? A podcast? Those are protectable as trademarks as well.

#3 | SLOGAN, CATCHPHRASE, MOTTO, OR MISSION STATEMENT

You will eventually want to protect these with trademarks. You want to be proactive about these trademarks so that another business doesn’t claim these in the future and force you to rebrand.

#4 | STYLIZED NAMES + LOGOS

Most trademark applications protect the “words only” of the trademark. But if your branding has a particular stylizing or look to it, that can have IP protection as well.

#5 | YOUR SOMEDAY/MAYBE STUFF

Are you considering a rebrand, a name for a new business, or a slogan you want to start using? It’s possible to apply for a trademark before you even start using it. In fact, this is what our biggest clients do so that they can lock in trademark protections before they spend time or money committing to the brand.

Only with a U.S. registered trademark do you have strong evidence of nationwide exclusive rights to your trademark. And without that, you’re taking a huge risk that someone else can claim a trademark registration and force you to rebrand.

When you sign up, we will get right to work for you and have your trademark application submitted in 2-3 weeks. After we apply, however, it could take 10-20 months or longer to work its way through the US trademark office.

When it comes to using symbols to protect your brand, there are two important ones to know: ™ and ®. You can start using the ™ symbol as soon as you begin using your mark in commerce, indicating that you're in the process of trademarking your brand. However, for the ® symbol, you'll need to wait until your trademark is officially registered with the USPTO, signaling that your brand is a registered trademark.

If your application is rejected AND we’re not successful in getting your trademark registered, your next one is 100% on us (including filing fees).

First we celebrate. 🎉 Then we’ll mail you the trademark registration certificate, send you helpful legal documents, and advise on next steps.

No. Applying for a trademark registration requires a filing fee per class (or category of goods/services). Our packages do not include trademark filing fees for your trademark application. Trademark filing fees for any classes will be collected from you before we submit the trademark application.

It’s critical to apply for your trademarks ASAP to be “first in line” with the trademark office. If you’re not yet using the trademark in commerce, we can apply for an “intent to use” trademark application. Note that intent to use trademark applications require an additional $100 filing fee per class — but that small extra fee is usually worth it.

A U.S. trademark registration offers strong, nationwide exclusive protections. But those exclusive rights do not extend beyond the United States. Still, if your business is based outside the United States, we can still help! As long as you are selling to customers in the United States, you are able to seek a U.S. trademark registration.

While it depends on the situation, we generally recommend that our clients do not wait before they start enforcing their trademark rights against others.

Otherwise, there is a risk that your exclusive trademark rights will weaken if you wait to enforce your rights.