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Your brand is your most important asset. Dive into Indie Law’s resources to guide you through the maze of trademark law and keep your brand safe from copycats and infringers!

We Signed The Higher Bar. Here’s What to Ask Any Lawyer About AI

If your trademark lawyer uses AI, who’s responsible when it gets something wrong? It’s a fair question, and it’s an easy one to forget until a mistake shows up in something with your name on it. On November 6, we signed The Higher Bar, a public pledge on how lawyers and legal technology companies use artificial intelligence, and we want to explain what that means for you in plain English.

The Higher Bar was convened by Best Era, a law firm consulting company based in West Hartford, Connecticut. Signing it is voluntary, so it doesn’t create a legal obligation or change any rule of professional conduct. It puts our commitments in writing, where anyone can read them and hold us to them.

Below, you’ll find what we committed to, why those commitments matter when you’re protecting a brand, and a short list of questions you can ask any lawyer or filing service about AI, including us.

What The Higher Bar is and isn’t

The Higher Bar is a public pledge. Firms and legal technology companies that sign it agree to a set of principles for how they use AI, and the full pledge is on Best Era’s website. We signed because a lot of people are curious, and understandably a little cautious, about what happens when legal work and AI mix.

It isn’t a government program, and it doesn’t replace the professional rules every lawyer already follows. It also isn’t a guarantee of results, since a pledge is only as good as the follow-through. That’s exactly why we’re putting ours in public.

What we committed to

By signing, we committed to fourteen principles. These are the ones we think matter most to the people we work with:

  • A lawyer is responsible for every use of AI, and a person checks every AI output before it leaves the firm.
  • We won’t use AI to harass, intimidate, or bury anyone in filings.
  • We won’t file evidence we can’t verify is real.
  • We’ll protect client data and treat security as ongoing work.
  • We’ll use AI to make our team better at their work, not to replace them.
  • We’ll be honest about what AI can and can’t do, and we’ll keep our own voice in everything we send.
  • We’ll never sell or license client files or case data to train anyone’s AI.

“Our clients trust us with the name their business is built on,” said Joey Vitale, trademark attorney and founder of Indie Law. “Signing The Higher Bar is a public way of saying that no matter what tools we use, a lawyer is responsible for the work and our clients’ information stays protected.” That’s the idea in a nutshell: the tools can change, but the accountability doesn’t.

Why this matters when you’re protecting a brand

Trademark work is full of details where a small mistake can cost you time and money, like the goods and services listed in an application, the search for similar names, and the proof of use you send to the United States Patent and Trademark Office (USPTO). Those details are signed off on your behalf, so it matters who checked them and how. AI tools can draft quickly, but they can also sound confident while being wrong, which is exactly why a person needs to review the work.

Proof of use is a good example. The USPTO calls this a specimen, and it doesn’t accept mockups or digitally altered images that don’t show actual use in commerce, so an AI-generated mockup of your packaging can’t stand in for the real thing. That’s one reason our commitment never to file evidence we can’t verify is real matters, and our guide to trademark specimen refusals explains what the USPTO actually looks for.

Privacy matters too. Before you file, your brand name, launch plans, and product ideas are confidential business information, and you should know where they go when someone else handles them. Parts of a trademark application become public once it’s filed, but your launch plans and the rest of what you share with your lawyer shouldn’t be, which is why our promise never to sell or license client files to train anyone’s AI is worth asking every lawyer or service about.

What this doesn’t change

Signing a pledge doesn’t change how trademark law works. We still can’t speed up the USPTO, and no lawyer can guarantee that an application will register, whether or not AI is involved. What a pledge can do is tell you how a firm will behave while it does the work.

It also doesn’t mean AI is off-limits. Used carefully, tools can help lawyers work faster and communicate more clearly, as long as people stay responsible for the result. The point is to keep the order clear: the lawyer decides, the lawyer checks, and the lawyer answers for it.

What to do now

You don’t have to be a technology expert to ask good questions. These five will tell you a lot about how any lawyer or filing service handles AI, and the answers should be easy to give.

  • Ask who reviews AI-assisted work. You want to hear that a lawyer checks anything AI touches before it reaches you or the USPTO.
  • Ask what happens to your files. Find out whether your documents or brand details are ever used to train AI tools, and try to get the answer in writing.
  • Ask how proof of use is handled. Make sure mockups or AI-generated images won’t be submitted as real specimens.
  • Ask who is accountable for your file. You should be able to name the person responsible, not just the tool.
  • Read the pledge yourself. The full text is on Best Era’s website, so you can see exactly what firms agreed to.

If a lawyer or service can’t answer these clearly, that tells you something worth knowing before you hand over your brand.

Wondering how a trademark lawyer will handle your filing?

We focus exclusively on trademarks, with flat fees and no surprise invoices. We’ve filed 2,000+ trademark applications with a 99.7% success rate, and while we can’t guarantee any outcome, we’re happy to answer your questions about AI, privacy, or anything else about how we work. Book a free consultation and ask us whatever you’d like.

Sources: Best Era, “The Higher Bar,” accessed Nov. 11, 2026; eCFR, “37 CFR § 2.56, Specimens,” accessed Nov. 11, 2026.

The choice of a trademark lawyer is an important decision and should not be based solely upon advertisements. Past results do not serve as a guarantee of future results. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.

6 Common Trademark Scams to Watch For

You filed your trademark application, and a few weeks later, an official-looking letter arrives that appears to come from the USPTO, saying you owe another fee. Maybe it warns that your application will be canceled unless you pay immediately. It’s enough to make anyone nervous, especially if this is your first trademark. A trademark lawyer can help you understand which notices deserve your attention and which ones you should question.

Before you reach for your credit card, know that fake USPTO invoices and other trademark scams are a real concern for business owners. These scams imitate the United States Patent and Trademark Office (USPTO), but they don’t come from it.

The good news is that you don’t need to be a legal expert to recognize many of them. Once you know what to look for and where to verify a notice, you’ll feel much more confident handling unexpected trademark correspondence.

Why are you getting trademark scam letters?

When you apply for a trademark, certain information becomes part of the public record maintained by the USPTO. That information can include your business name, mailing address, trademark, and application details, and scammers can find these records and use them to create messages that seem surprisingly personal.

For example, a fake invoice might include your actual trademark name and application number. Those details can make the notice look legitimate, even when the sender has no connection to the USPTO.

Receiving one doesn’t mean you’ve done anything wrong. It simply means someone may be using publicly available information to contact you, and it helps to know the most common forms these messages take.

The six scams trademark owners see most often

Trademark scams don’t all look alike. Some arrive in the mail, while others appear as emails, phone calls, or websites offering filing services.

1. Fake USPTO invoices

These notices claim you owe money for trademark registration, publication, monitoring, or other services. Some services may be optional, while others may not be necessary at all, and the problem is when a private business makes its invoice look like an official government bill.

Check who the sender actually is. A real USPTO document is posted to your trademark record, so if the notice doesn’t show up there, treat it with caution. A private company asking for money for an optional service can look very official, and that’s often the point.

2. Notices threatening to cancel your trademark

You might receive a letter warning that your trademark will be canceled or your application abandoned unless you pay within 24 hours. Real trademark deadlines exist, but scammers often invent urgent payment requirements to pressure you into acting without checking.

Real deadlines come with real paperwork in your official record, not a demand for payment to a third party. If a notice gives you hours or a day to pay, take that as a reason to slow down and check your record first.

3. Websites pretending to be the USPTO

Some websites use government-style logos, similar names, or confusing advertisements to make visitors believe they’re dealing directly with the USPTO. They may charge inflated fees, offer unnecessary services, or collect sensitive information, so always check the website address before entering payment details.

Official USPTO pages live at uspto.gov, so look closely at the address before you type in any information. Search results and ads can place look-alike sites near the top, so it’s safer to go to the USPTO directly instead of clicking through.

4. International trademark invoices

If you’ve applied for trademark protection outside the United States, you may receive invoices that appear connected to international trademark organizations. These notices sometimes offer publication in private directories or request payment for services that aren’t required, and the USPTO also warns applicants about misleading international solicitations.

If an invoice arrives from a directory or registry you’ve never heard of, don’t assume it’s required. Ask the lawyer who filed for you, or if you filed yourself, check the official office’s website independently.

5. Domain name offers

A message might claim someone is trying to register a website address containing your brand name. Not every domain name offer is fraudulent, but unexpected demands for immediate payment deserve careful review, and you shouldn’t assume you must purchase a domain simply because someone contacts you about it.

Domain names and trademarks are separate things, so buying a domain doesn’t register or protect your trademark. If a domain really matters to your business, you can look it up and buy it through a registrar you trust.

6. Emails and calls impersonating USPTO employees

Some scammers pretend to be trademark examining attorneys, the USPTO employees who review trademark applications. They may request personal information, demand payment, or tell you to schedule a verification appointment through an unfamiliar link or phone number, and even a message that appears to come from a government email address deserves verification because email addresses can be faked.

If someone claims to be from the USPTO and asks you to schedule a call or pay over the phone, stop and verify before you respond. Look up the USPTO’s contact information yourself, or check your trademark record, instead of using the details in the message.

How can you tell if a USPTO notice is real?

Before responding to an unexpected trademark letter or email, run through this checklist. No single item proves a notice is real or fake, but together they give you a much clearer picture.

  • Check the sender’s email address. Official USPTO emails sent directly to you use addresses ending in @uspto.gov. However, scammers can disguise the sender address, so this isn’t enough by itself.
  • Look up your trademark record. Visit the official Trademark Status and Document Retrieval system, also called TSDR. Enter your application serial number or registration number and review the Documents tab for official correspondence.
  • Check with your attorney. If you have an attorney of record, meaning the attorney officially listed for your trademark matter, ask them to review the notice before responding.
  • Review the payment instructions. Legitimate USPTO fees are paid through official government filing and payment systems. Be suspicious of requests to pay by wire transfer, gift card, payment app, or over the phone.
  • Watch for pressure tactics. Messages threatening immediate cancellation or demanding payment within hours should make you cautious.
  • Compare the fees. Review the USPTO’s official trademark fee schedule, and be especially careful when a notice uses an official-sounding name that includes words like “United States” or “Trademark.”

If something doesn’t match, don’t assume it’s legitimate just because it looks professional. Scammers put real effort into making their notices look convincing.

What if you’ve already paid a fake USPTO invoice?

If you’ve already sent money, don’t panic. What matters now is documenting what happened and checking whether your actual trademark application or registration needs attention.

Save receipts, payment confirmations, emails, and copies of the notice, and contact your bank or credit card company promptly to ask whether the transaction can be disputed. You should also report the incident to the USPTO and consider speaking with a trademark lawyer.

Paying a misleading invoice doesn’t automatically cancel your trademark rights. However, if you believed you had paid an official fee, you may have overlooked a real requirement or deadline, which is why reviewing your actual USPTO record is so important.

Don’t ignore real USPTO deadlines

While it’s smart to question unexpected notices, you shouldn’t ignore every trademark letter. The USPTO sends legitimate communications, including Office Actions, which are official notices explaining a problem with your application or requesting additional information before it can move forward.

For example, you might receive a specimen refusal if the USPTO determines that your submitted proof of trademark use doesn’t meet its requirements, and our guide to trademark specimen refusals explains what that means and what happens next. Registered trademarks also have maintenance deadlines, which are required filings that help keep your federal registration active.

We’ll explain those requirements in our upcoming guide to trademark registration deadlines. The key is knowing the difference between a real USPTO requirement and an unsolicited payment request, and your official trademark record is where you can tell them apart.

What to do now

Trademark scams can look convincing, especially when they contain accurate information about your business. But an official-looking envelope, urgent warning, or familiar logo doesn’t mean you owe money. If an unexpected notice arrives, you don’t need to pay or respond right away, but check your trademark record promptly so you don’t miss a real deadline.

  • Don’t send payment or personal information. Wait until you’ve verified who sent the notice and whether the requested action is necessary.
  • Don’t call the number in the message. Find contact information independently through the official USPTO website.
  • Save the evidence. Keep the letter, envelope, screenshots, and any emails, and save the original email file when possible because it may contain useful sender information.
  • Check TSDR. Compare the notice against your official trademark record and any deadlines listed there.
  • Report suspicious activity. The USPTO accepts reports at TMScams@uspto.gov, and you can also report suspected fraud to the Federal Trade Commission.

Reporting a suspicious notice doesn’t guarantee an investigation or a particular outcome, but it gives the appropriate agencies information about potentially misleading activity.

Not sure whether a notice is real or a scam has affected your application?

We’ve filed 2,000+ trademark applications with a 99.7% success rate, and while we can’t guarantee any outcome, we’re here to help you make informed decisions about protecting your brand. Book a free consultation if you’ve received a suspicious trademark notice, and we’ll discuss your concerns and help you understand possible next steps.

Sources: USPTO, “What to do if you’ve been scammed,” accessed Nov. 11, 2026; USPTO, “Fraudulent solicitations to trademark owners,” accessed Nov. 11, 2026; Federal Trade Commission, “ReportFraud.ftc.gov,” accessed Nov. 11, 2026.

The choice of a trademark lawyer is an important decision and should not be based solely upon advertisements. Past results do not serve as a guarantee of future results. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.

How to Protect Your Brand From Counterfeits Before Black Friday

Black Friday is almost here, and while you’re getting your products, promotions, and inventory ready, someone else could be getting ready to copy your brand. Counterfeit listings and lookalike products can confuse shoppers and put your hard work at risk during one of the busiest shopping seasons of the year. That can feel unfair when you’ve spent months or years building something customers trust. Working with a trademark lawyer can help you understand your rights and prepare before the holiday rush begins.

The good news is that you can take practical steps now to protect what you’ve built, and the checklist below gives you a place to start on your own.

With Black Friday on November 27, Small Business Saturday on November 28, and Cyber Monday on November 30, there’s still time to review your brand protection plan. Here’s what counterfeits and lookalikes actually are, which tools can help, and what to do if a copycat shows up.

Counterfeit, lookalike, or dupe: what’s the difference?

Not every product that looks like yours breaks trademark law, and understanding the difference can help you decide when to take action. Sellers often assume that any copy is illegal, but the law draws some careful lines. Here’s how the three terms usually break down.

Counterfeit products are fake goods that use someone else’s brand name or logo without permission to make shoppers believe they’re buying the real thing. For example, someone selling an imitation of your product with your exact logo could be selling a counterfeit. That’s the clearest kind of trademark problem, because the copycat is trading on your actual name or logo.

Lookalike products copy parts of your product’s appearance, packaging, or branding. Some may create confusion about who made the product, while others may be legal, so the details matter. Whether a lookalike crosses the line often comes down to how closely it resembles your brand and whether shoppers could be fooled.

Dupes are products marketed as affordable alternatives to popular items. A dupe isn’t automatically illegal just because it looks similar or serves the same purpose. The question is whether the seller is borrowing your brand identity or simply competing with a similar product.

Trademark law generally focuses on whether shoppers could be confused about where a product comes from, which is why a similar product isn’t necessarily a trademark violation. If you want to understand this distinction better, read our guide to dupe culture and trademark protection, which walks through where healthy competition ends and infringement begins.

Why trademark registration matters before Black Friday

A trademark is a name, logo, or other symbol that helps customers recognize your business. Registering it with the United States Patent and Trademark Office (USPTO) can give you stronger legal tools to protect your brand. You may have some trademark rights simply from using your brand in business, but federal registration offers important advantages, including making it easier to prove ownership when you report suspicious listings.

Marketplaces tend to build their brand protection tools around that proof of ownership. For example, Amazon Brand Registry gives eligible brand owners access to tools for identifying and reporting possible trademark violations. Amazon accepts certain pending trademark applications as well as registered trademarks, provided sellers meet its requirements, and our Amazon Brand Registry guide explains how the program works.

TikTok Shop also offers an Intellectual Property Protection Center, where approved rights owners can submit trademark information, search for potentially infringing products, and manage complaints. Its trademark verification process generally requires official registration documents, and you can learn more in our TikTok Shop trademark protection guide. These programs don’t guarantee that every suspicious listing will disappear, but they can give eligible brand owners a clearer process for reporting problems.

What to do if you find a copycat listing

Finding a suspicious listing can be frustrating, especially when you’ve worked hard to build your business. But responding quickly doesn’t mean responding angrily, and a calm approach will serve you better.

First, save your evidence. Take screenshots showing the product, brand name, seller information, and anything else that appears misleading. Copy the listing URL and record the date you found it.

Next, compare the listing with your own products and trademark records. Ask whether the seller is actually using your protected branding or simply offering a similar product. That comparison will help you decide whether you have a real trademark concern.

If you believe there’s a trademark violation, use the platform’s official reporting process, and be accurate about what you own and why you believe the listing infringes your rights. Avoid posting public accusations or sending angry messages to the seller, since a calm, documented approach gives you a better starting point.

For serious or repeated problems, a cease and desist letter may be appropriate. This is a formal request asking someone to stop conduct that may violate your legal rights, and we can help evaluate whether sending one makes sense for your situation. It isn’t the right move for every listing, but it’s worth knowing it’s an option.

What if you haven’t registered your trademark yet?

If you haven’t filed a trademark application, you haven’t necessarily missed your chance to protect your brand. However, it’s important to have realistic expectations, because filing an application now won’t give you a federal trademark registration before Black Friday. Registration takes time, and that’s true no matter who files it.

The USPTO’s current processing data, updated October 1, 2026, shows an average of 4.3 months before the first examining action and 10.4 months until a trademark registers or the application is abandoned. Individual applications can take longer, depending on whether the USPTO raises issues.

That doesn’t mean you should wait until after the holidays. Filing can begin the federal registration process, and an eligible pending application may help you qualify for Amazon Brand Registry, although approval isn’t automatic and different platforms have different requirements. We can help you review your brand name, understand potential conflicts, and determine whether filing makes sense.

One more thing: make sure you’re not copying someone else

Brand protection works both ways, so if you source products, work with manufacturers, or sell private label items, make sure your branding doesn’t create confusion with another business. A supplier telling you that a design is available doesn’t necessarily mean you’re free to use another company’s name, logo, or distinctive branding.

Platforms such as TikTok Shop have rules against trademark infringement, and sellers can face listing restrictions or other consequences when violations are found. Before launching a new product, take time to review its name, packaging, and branding, because a little research now can help you avoid an expensive problem later.

What to do now: your brand protection checklist

You don’t need an entire legal department to prepare for the holiday rush. Start with these five steps, and work through them in order if you can, since each one makes the next easier.

  • Check your trademark status. Do you have a registered trademark, a pending application, or neither? If you’ve already filed, check your application’s status through the USPTO, and if you haven’t filed, now is a good time to review whether your brand name is eligible for protection.
  • Make sure your branding matches. Compare the name and logo on your products, packaging, and online stores with your trademark records. Small differences can matter when you apply for platform protection programs, and Amazon, for example, requires the brand name in your enrollment application to match your trademark record.
  • Review your platform protection tools. If you sell on Amazon or TikTok Shop, check whether you’re eligible for their brand protection programs and whether you’ve completed the necessary steps. For Etsy and Shopify, review the available intellectual property reporting procedures so you know where to go if a problem appears.
  • Decide who will watch for copycats. Choose someone on your team to check for suspicious listings throughout the holiday shopping period. Search your brand name, product names, and common misspellings on the platforms where your customers shop, and pay attention to listings that appear to use your branding without permission.
  • Create a place to save evidence. Set up a shared folder where you can save screenshots, listing links, seller names, and dates. Keeping everything organized now will make it easier to review a suspicious listing and prepare a report if needed.

You can’t prevent every copycat from appearing, but you can put yourself in a better position by understanding your trademark rights, checking your platform tools, and having a plan for suspicious listings. Black Friday should be an opportunity to connect with customers, not a scramble to figure out who owns your brand.

Worried a copycat will show up during your biggest sales weekend?

We’ve filed 2,000+ trademark applications with a 99.7% success rate, and while we can’t guarantee any outcome, we’re here to help you understand your options, whether you’re preparing to file your first trademark or dealing with a suspicious listing. Book a free consultation and tell us about your brand, and we’ll discuss where you stand, what concerns you have, and possible next steps before the holiday shopping rush.

Sources: USPTO, “Trademark processing wait times,” data updated Oct. 1, 2026; Amazon, “Amazon Brand Registry,” accessed Oct. 22, 2026; TikTok Shop, “The Intellectual Property Protection Center (IPPC): How To Use It,” accessed Oct. 22, 2026.

The choice of a trademark lawyer is an important decision and should not be based solely upon advertisements. Past results do not serve as a guarantee of future results. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.

Lizzie Borden House Won in Court. The Cafe Kept Its Name.

A federal judge just ruled that the Lizzie Borden House won its trademark lawsuit, and the coffee shop next door still gets to keep its name. That’s a result that surprises a lot of people, because most of us expect a win in court to mean the other side has to change course. It’s also a reminder that winning a case and getting everything you asked for are two different things, and that how a business handles a dispute can matter as much as the name itself. Working with a trademark lawyer can help you understand what’s at stake before a problem like this reaches court.

The timing is hard to miss. Netflix’s Monster: The Lizzie Borden Story premiered on September 17, and the Lizzie Borden House in Fall River, Massachusetts, is reportedly sold out for overnights through October and November. With that much attention on the house and its name, it makes sense that people are watching how this case turned out.

So how does a business win and still not get what it wanted? Here’s what happened, in plain English, what the judge decided, and what small business owners can take from it.

What happened

US Ghost Adventures, which owns the Lizzie Borden House museum and bed and breakfast, sued Miss Lizzie’s Coffee in September 2023. The cafe had opened next door, calling itself “the most haunted coffee shop in the world.”

The house claimed it owned trademark rights in “Lizzie Borden” and a hatchet logo. It alleged that customers thought the two businesses were connected.

Early on, the court refused to shut the cafe down. The judge found the house was unlikely to win: the cafe’s hatchet didn’t look like the house’s logo, the cafe wasn’t using the “Lizzie Borden” mark itself, and the two businesses didn’t really compete. The First Circuit agreed.

Then the cafe owner, who represented himself, stopped cooperating. After more than a year of missed discovery deadlines (the evidence-sharing stage of a lawsuit) and ignored orders, the judge entered a default judgment. That means the cafe was found liable automatically, as a penalty, without the court ever deciding who was right.

Liable, but no rebrand

Even with that liability finding, Judge Leo Sorokin turned down most of what the house asked for, as reported by The Herald News and NBC 10 WJAR.

No injunction. The cafe had already moved away from the house, so there was no ongoing harm. The judge said forcing a rebrand based on claims “two courts concluded had little merit” would go against the public interest.

No profits and no damages. The house asked for tens of thousands of dollars but offered estimates, not evidence, and couldn’t show the businesses compete.

What the house did get was $31,207 in attorney fees. Even that was a penalty for the cafe owner’s conduct in the lawsuit, not a reward for a strong trademark claim. The house had asked for more than $239,000.

Why this matters if you run a small business

The cafe didn’t lose because its name was a bad idea. It lost because it didn’t play by the court’s rules. This is the part most people miss: the fight you could win is the one you have to show up for.

Ignoring a lawsuit is the most expensive choice

Two courts found the house’s claims had little merit. The cafe still ended up liable and paying $31,000, because the owner didn’t do the work the court required.

If you’re sued or get a cease and desist letter (a formal demand to stop using a name), don’t ignore it and don’t wing it. A good position only helps if you actually defend it. Talk to a trademark attorney early. Our guide to what to do when you receive a cease and desist letter covers the first steps.

You can’t own a story

Lizzie Borden is a historical figure, and everybody in Fall River trades on her story, from tours to cafes to gift shops. The court noticed that most of the “confusion” came from both businesses telling the same famous story side by side, not from copying a trademark.

That’s an important limit. A trademark protects your brand as a source of goods or services. It doesn’t give you a monopoly on a person, a place, or a piece of history. If your business is built around a famous story, your protectable brand is the distinctive name and logo you put on top of it. For more examples, see famous trademark disputes and the lessons behind them.

Registration isn’t a force field

The house had registered trademarks, and it still couldn’t stop a neighbor from using a similar theme. Rights are tied to specific goods and services, and a mark registered for tours and lodging doesn’t automatically cover coffee.

When you register, think hard about which classes you need and file for the ones that match where your business is going. Our guide to trademark classes and class descriptions is a good place to start.

What to do now

If you’re building a themed business, or any business near a competitor:

  • Pick a distinctive name and logo. Don’t lean on the famous reference everyone else uses.
  • Clear the name before you open. This matters most when a well-known business is right next door.
  • Add “not affiliated” signage if your theme overlaps with a nearby attraction. The cafe’s disclaimer signs helped it in court.
  • Respond to any demand letter or lawsuit. Get a trademark attorney involved right away.

Building a brand on a famous name or story?

Indie Law has filed 2,000+ trademark applications for entrepreneurs and creators, with flat fees and no surprise invoices. If you want to make sure your brand is actually yours before it gets popular, book a free consultation.

Sources: The Herald News, “Lizzie Borden trademark suit with cafe, US Ghost Adventures is over”, Oct. 13, 2026; NBC 10 WJAR, “Judge rules on trademark case between Lizzie Borden House, Miss Lizzie’s Coffee”, Oct. 13, 2026; Fall River Reporter, “Lizzie Borden trademark case ends in mixed bag for Miss Lizzie Coffee, Lizzie Borden House”, Oct. 13, 2026; Netflix Tudum, “Monster: The Lizzie Borden Story: Everything You Need to Know”, Sept. 17, 2026; “US Ghost Adventures, LLC v. Miss Lizzie’s Coffee LLC”, No. 23-12116-LTS (D. Mass. Oct. 8, 2026).

The choice of a trademark lawyer is an important decision and should not be based solely upon advertisements. Past results do not serve as a guarantee of future results. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.

Meta Brand Rights Protection: How to Protect Your Brand on Facebook and Instagram

Imagine waking up to a message from a customer: “Hey, is this your Instagram account?” You click the link, and it’s your business name, your logo, maybe even your product photos, but it’s not your account. Someone’s pretending to be you, using the brand you’ve worked so hard to build to trick people into buying from them, or running fake Facebook ads that send your customers to a scam website. That can feel unfair and unsettling, especially when you can’t tell how long it’s been going on or how many customers it has reached. Working with a trademark lawyer can help you understand your rights before something like this happens.

Here’s what most business owners don’t know: Meta has a tool built to help you find and report exactly this. It’s called Meta Brand Rights Protection, and it costs nothing to use. It gives eligible brand owners one place to search for fake accounts, copied products, and scam ads, and to keep track of what they’ve reported.

But there’s a catch: you need a registered trademark to qualify. Here’s what the tool does, who qualifies, how to apply, and what to do if you don’t have a registration yet.

What is Meta Brand Rights Protection?

Meta Brand Rights Protection is a tool that helps businesses find and report people misusing their brands on Facebook and Instagram.

Think of it as a way to keep an eye on your brand without scrolling through thousands of posts and ads yourself. Instead of reporting every fake account or copied product one at a time, eligible businesses get one place to search for problems and submit reports.

The tool used to be called the Commerce & Ads IP Tool. In January 2024, Meta upgraded it with better image matching, saved searches, and the ability to search different types of content at once.

Then in August 2025, Meta expanded what businesses can report. That update is a big deal, because scammers don’t always steal your exact logo or copy your trademark. Sometimes they just use your business name to make a fake offer look real. Now, enrolled businesses can report those scam ads too.

What can Meta Brand Rights Protection actually do?

Let’s break it down.

1. Find fake accounts using your brand

Say you’ve built a following on Instagram. Then someone creates an account with a name that looks almost exactly like yours. They copy your profile photo, start messaging your followers, and people think they’re talking to you.

Meta Brand Rights Protection helps eligible businesses find and report accounts that impersonate their brands. So if you’ve ever searched “how to report a fake Instagram account using my brand,” this is the tool you were looking for.

2. Report knockoffs and copied products

Maybe you sell physical products. You’ve spent months getting the packaging right and building a name people recognize. Then someone starts selling cheap knockoffs with your branding.

That’s not just annoying. It confuses customers, hurts your reputation, and sends sales to someone else.

Enrolled businesses can report suspected counterfeits and trademark violations across Facebook and Instagram. In plain English: a trademark violation is when someone uses a brand name or logo in a way that could confuse people about who’s behind a product. A counterfeit is a fake product made to look like it comes from a real brand.

3. Search for matching images

Copycats don’t always use the same words. Sometimes they copy the look of your brand instead.

That’s why Meta uses image matching to help spot possible misuse of your product photos and other brand images. Instead of relying only on a search for your business name, you can find content that looks like yours.

4. Report scam ads on Facebook and Instagram

This might be my favorite part.

Imagine someone runs a Facebook ad claiming your business is offering a huge discount. The ad looks real. Your customers click. But instead of landing on your website, they land on a fake checkout page.

They might lose money. And guess whose brand they blame? Yours.

Since August 2025, enrolled businesses can report suspected scam ads that misuse their brand name, even when the ads don’t directly copy their logo or trademark. You’ll find this under the “Other” violation type in the Ads tab.

Meta still decides whether an ad breaks its rules and what to do about it. But a way to flag these ads at scale beats not knowing the tool exists.

5. Keep your reports organized

If you’ve ever reported several fake accounts, you know how messy it gets. One report here, another there, and then you’re digging through emails trying to remember what happened.

Enrolled businesses get one place to submit, track, and search their reports, with options for trademark, counterfeit, impersonation, and copyright issues.

Who qualifies for Meta Brand Rights Protection?

Here’s the part I really want you to pay attention to. Not every business can use this tool.

Meta’s eligibility requirements include:

  • An active, registered trademark for your brand name or logo. “Registered” means a government trademark office has officially approved it.
  • No history of intellectual property violations. That means no past problems with infringing on someone else’s trademarks, copyrights, or other protected work.
  • An applicant who works for the business. Someone on your team has to apply.

Even if you meet every requirement, Meta still decides whether to approve your application.

Here’s why this matters. A lot of business owners think buying a domain name, forming an LLC, or grabbing an Instagram handle means their brand is protected. Those things are important, but none of them are a registered trademark. And none of them get you into Meta Brand Rights Protection.

Your trademark isn’t just a legal document. It opens the door to tools that help you defend the business you’ve built.

Don’t have a registered trademark yet?

That’s exactly what we’re here for. We’ve filed more than 2,000 trademark applications for business owners like you, and trademarks are all we do. Not sure if your brand is ready to register? That’s exactly what a consultation is for.

How to apply for Meta Brand Rights Protection

If your business already has a registered trademark, you can apply. Remember, the application has to come from someone who works at your business.

Step 1: Go to Meta’s official application page

Start on Meta’s own Brand Rights Protection page. Skip any third-party service that claims it can get you approved. You apply directly with Meta.

Step 2: Have your trademark details ready

You’ll need the details of your registered trademark, including the brand name or logo it covers. Make sure the registration is active and that the details match your business records.

Step 3: Start and complete the application

On the “Apply for Brand Rights Protection” page, click Continue. Clicking it means you agree to Meta’s Terms of Service, so give those a read first. Then follow Meta’s prompts and fill in your business and trademark information carefully.

Step 4: Submit and watch your inbox

Once you submit, Meta says it’ll email you a decision within a few days. If you’re approved, follow Meta’s instructions to get started.

How to get a registered trademark (so you qualify)

If you’re reading this and thinking, “Well, I haven’t registered my trademark yet,” you’re not alone.

A lot of entrepreneurs put trademarks on the back burner. They’re busy getting customers, building websites, launching products, and posting on Instagram. I get it. When you’re running a business, something always feels more urgent.

But the longer you build a brand without registering it, the more you have at stake if someone else starts using a similar name. And you’re missing out on protections that only come with registration. Meta Brand Rights Protection is just one example.

So where should you start?

  • Make sure your name is actually available. Just because nobody has your Instagram handle doesn’t mean you’re clear to use the name. You need to check existing trademarks to see if another business has rights that could cause a problem.
  • Decide what to register. For some businesses, that’s the business name. For others, it’s a product name or logo.
  • File a trademark application that fits your business. This is where getting it right the first time matters most.

We help entrepreneurs through every step of this process, so you can spend less time guessing and more time building. More than 200 business owners have left us five-star Google reviews for exactly that.

One thing to be clear on: we handle your trademark, but we don’t apply for Meta Brand Rights Protection for you. Meta requires that application to come from your business. Our job is getting you registered so you qualify.

Frequently asked questions about Meta Brand Rights Protection

Does a pending trademark application qualify?

Meta’s eligibility rules call for an active, registered trademark, and a pending application isn’t registered yet. If yours is still pending, check Meta’s current eligibility guidance before applying.

Is Meta Brand Rights Protection free?

Yes. Meta doesn’t charge businesses to use it. You still need to meet the eligibility requirements and get approved. Registering your trademark is a separate process with its own government filing fees and legal fees.

How long does approval take?

Meta says it emails a decision within a few days of receiving your application.

Can my lawyer apply for me?

No. Meta requires the applicant to work at the business, so someone on your team needs to apply. Where a trademark lawyer comes in is before that: getting your trademark registered so you qualify in the first place.

Can I report a fake Instagram account without Brand Rights Protection?

Yes. Instagram has regular reporting options for impersonation and other violations. Brand Rights Protection is an extra tool for eligible businesses that need to find, manage, and report misuse of their brand at a larger scale.

Does Meta automatically remove everything I report?

No. Meta reviews every report under its own rules and decides what action, if any, to take. Brand Rights Protection makes reporting easier, but it doesn’t guarantee that a post, account, listing, or ad will come down.

Does a state trademark registration qualify?

Meta’s eligibility language refers to a registered trademark without saying which kind. Confirm with Meta before assuming a state registration qualifies.

Your brand is worth protecting before there’s a problem

You work hard to build your business. You show up for your customers. You create products and services people trust. Over time, your name starts to mean something.

The last thing you want is someone using that name to confuse people, sell knockoffs, or run scams. That’s why tools like Meta Brand Rights Protection matter.

But here’s the bigger lesson. Don’t wait until someone starts copying your brand to think about protecting it.

A registered trademark protects your name and makes your business eligible to apply for tools like this one. If you’ve been putting off your trademark, don’t wait for a copycat to make the decision for you.

Ready to talk about your brand?

Book your free consultation

Sources: Meta Transparency Center, “Intellectual Property Report: Protecting intellectual property rights”; World Trademark Review, “Meta boosts IP protection tools as survey finds social media infringement on the rise”, Jan. 24, 2024; Adweek, “Meta Updates Brand Rights Protection Tool for Businesses”, Aug. 11, 2025.

The choice of a trademark lawyer is an important decision and should not be based solely upon advertisements. Past results do not serve as a guarantee of future results. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.

Do You Need a Trademark Attorney Near You?

Searching “trademark attorney near me” feels like the safe move, but for a federal trademark it can quietly shrink your options. The best trademark lawyer for your brand doesn’t have to be anywhere near your zip code, and choosing based on a map pin can mean passing over someone who handles trademarks every day.

Here’s why. Trademark applications don’t go to your state or your city, they go to one federal agency, the United States Patent and Trademark Office (USPTO), and an eligible attorney licensed in any U.S. state can represent you there. That means location matters far less than most people assume.

Below, we’ll walk through when a nearby lawyer still makes sense, what to look for instead, and what working with a trademark lawyer remotely is really like, so you can choose based on what will protect your brand and not on distance.

Why searching for a lawyer near you usually makes sense

There’s a reason we’re used to looking for local lawyers. State laws differ, court procedures vary, and some matters involve local government offices or appearances in a particular courtroom, so if you were hiring someone for a divorce or a real estate closing, location could matter quite a bit. You might also simply prefer meeting in person, and that’s a perfectly good reason to want someone nearby.

Trademark registration is federal, not local

Federal trademark applications are filed with the USPTO, and there isn’t a California version for California businesses or a Florida version for Florida businesses. Everyone goes through the same agency. Under USPTO rules, an attorney who is an active member in good standing of the bar of the highest court of any U.S. state can represent clients in trademark matters before the USPTO, which generally means the attorney handling your application doesn’t have to be licensed in the state where your business is located.

It’s a bit like hiring someone to help with a federal tax matter. You’d probably care more about whether that person understands federal tax rules and your situation than whether their office is five minutes from yours, because the filing is going to the same federal agency either way.

What a nearby attorney can and can’t give you

There can be real advantages to hiring someone nearby. Maybe you like sitting across a desk from your lawyer, or knowing you could stop by the office, and those are legitimate preferences. But proximity on its own doesn’t tell you how much trademark experience an attorney has, it doesn’t make the USPTO process any faster, and it doesn’t tell you how responsive that attorney will be. A lawyer three blocks away who rarely handles trademarks isn’t automatically a better fit than a trademark-focused lawyer a few hundred miles away who works with brands like yours every day.

Sometimes location does matter. If a trademark dispute turns into a lawsuit, for example, court admission, jurisdiction, and litigation experience can become important, and some of that work may call for a lawyer in a particular state. For a routine federal trademark application, though, geography is usually only one consideration among several.

What to look for instead of a zip code

If location isn’t your best filter, these five things are a much better starting point.

Real trademark experience

Ask how much of the lawyer’s practice actually involves trademarks. There’s nothing wrong with a general practice lawyer, and many are excellent, but trademark law has its own rules, filing procedures, and deadlines, so you want to know whether trademarks are something they handle regularly or just one item on a long list of services.

A track record you can understand

Experience isn’t only about how many years someone has practiced. Ask how many trademark applications the firm has handled, what kinds of businesses it typically works with, how it defines a successful outcome, and what happens when an application runs into a problem. Be careful with anyone who promises your trademark will definitely register, because no one can guarantee how the USPTO will decide every application.

Clear communication

Many people worry that working with a lawyer remotely means worse communication, but being physically close doesn’t automatically make someone responsive. Ask who answers your questions, how often you’ll get updates, and how quickly you can expect a reply, and whether you’ll understand what’s happening with your application without having to decode a legal memo.

Clear pricing

Trademark registration takes time, so you should know what you’re paying for before you begin. Ask whether the firm charges a flat fee or bills hourly, and what the quoted price includes, such as the trademark search, the application, and responses if the USPTO raises an issue, and whether government filing fees are separate. Our guide to filing service vs. trademark attorney breaks down where the price differences come from, and our guide to trademark costs covers the numbers.

Experience with businesses like yours

A trademark lawyer doesn’t need to focus on your exact industry, but it helps when they understand how businesses like yours use their brands. A consultant, clothing company, software business, photographer, online educator, and restaurant can all have very different trademark considerations.

What working with a trademark lawyer remotely is like

If you’ve never hired a lawyer remotely, the idea can feel strange, but federal trademark work lends itself well to it. Your initial consultation can happen by phone or video, documents can be reviewed electronically, and questions can be handled through email, phone, video, or a client portal depending on the firm. Your lawyer submits the application to the USPTO electronically, and the USPTO communicates about the application through its federal trademark system.

What matters is whether the firm has a good process for keeping you informed, because you shouldn’t have to wonder whether anyone is paying attention to your application just because your lawyer isn’t in the same city. A well designed remote process can make communication easier, not harder.

A local general practice lawyer and a remote trademark-focused firm both file with the same agency, so the meaningful differences are elsewhere:

Local general practice lawyer Remote trademark-focused firm
Where your application gets filed The USPTO The USPTO
Trademark experience Often one practice area among many The main focus
Who they typically work with Often clients in their own region Clients nationwide
How you communicate Often in person by default Phone, video, and email by design
What still matters most Experience, communication, and clear pricing Experience, communication, and clear pricing

Neither format guarantees better service, which is why it’s worth evaluating the actual lawyer instead of the distance between your two offices.

Three mistakes to avoid when choosing a trademark lawyer

  • Assuming nearby means more experienced. Search engines are good at showing businesses by location, but the first lawyer in your results doesn’t necessarily have the most relevant trademark experience.
  • Ruling out lawyers in other states. For trademark matters before the USPTO, an eligible U.S. licensed attorney generally doesn’t have to be admitted in your particular state, so ruling someone out because of where they’re located can shrink your options for no good reason.
  • Choosing for the first meeting instead of the whole process. An in-person consultation might last an hour, while your trademark process can last much longer, so communication, trademark experience, and transparency tend to matter more over time than how convenient the first meeting is.

What to do now

  • Ask how much of the practice is trademarks. You want to know whether this is something they handle regularly or an occasional add-on.
  • Ask what the price includes. Get clarity on the search, the application, USPTO responses, and which government fees are separate.
  • Ask how you’ll communicate. Find out who answers your questions, how often you’ll hear about your application, and how quickly they respond.
  • Check the lawyer’s license. Confirm they’re an active member in good standing of a state bar, which you can usually do on the state bar’s website.

Frequently asked questions

Does my trademark attorney need to be licensed in my state?

Generally, no, not to represent you before the USPTO in a federal trademark matter. USPTO rules allow an attorney who is an active member in good standing of the bar of the highest court of any U.S. state to represent clients in trademark matters, although different considerations can apply if your matter involves state law, court litigation, or legal work outside the USPTO.

Can a trademark attorney help me if they’re in a different state?

Yes. An eligible U.S. licensed attorney can represent clients before the USPTO even when the attorney and client are in different states, which makes it possible to choose based on experience and fit instead of geography alone.

Is working with a trademark attorney remotely harder?

It doesn’t have to be. Trademark applications and USPTO communications are largely handled electronically, and consultations, document review, questions, and status updates can also be handled remotely, so the more important question is whether the firm has a reliable communication process.

Why do local law firms appear when I search “trademark attorney near me”?

Search engines use location as one factor when deciding which businesses to show for local searches, which can be useful when location matters. But proximity isn’t a measure of trademark experience, so instead of stopping at the map results, look at each lawyer’s trademark focus, experience, pricing structure, communication process, and approach to protecting brands.

Worried a remote trademark firm won’t give you enough attention?

That’s a fair worry, which is why we built our process around clear communication and flat fees, so you always know where your application stands and what you’re paying. We’ve filed more than 2,500 trademarks with a 99.7% success rate and work with business owners in all 50 states, and while no lawyer can promise every application will register, we can show you exactly how we’d handle yours. Book a free consultation and see what protecting your brand can look like, wherever your business happens to be.

Sources: eCFR, “37 CFR § 11.14, Individuals who may practice before the Office in trademark and other non-patent matters”, current as of Oct. 21, 2026; Federal Register, “Requirement of U.S. Licensed Attorney for Foreign Trademark Applicants and Registrants”, July 2, 2019.

The choice of a trademark lawyer is an important decision and should not be based solely upon advertisements. Past results do not serve as a guarantee of future results. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.

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Did you know?

Without Trademarks, You Have ZERO Rights To Your Brand.

We’re talking business names, logos, slogans… even podcast titles. Lots of entrepreneurs don’t protect their trademarks until it’s too late.

So we made a short, free video to help you avoid the biggest, most dangerous mistakes that business owners make.

Wanna see it?

UH, YES PLEASE!