Resources | Indie Law, A Trademark Law Firm

Why do we need to do a search before filing a trademark?

Are you eager to kickstart the trademark process for your business? Before you rush onto the government website to file your application, there’s a crucial aspect we need to discuss. Did you know that over half a million trademark applications are filed every year, yet more than half of them end up denied? The primary reason for trademark denials often boils down to something known as the “likelihood of confusion.”

Now, you might assume that your application could be refused because another company is already using the exact same trademark. While this can happen, most rejections occur due to the perceived similarity between trademarks rather than a direct match. This is where comprehensive trademark searches come into play.

Why should you invest time and effort in conducting a comprehensive search? The key reason is that you don’t want to risk throwing your hard-earned money down the drain. If your application is denied, those funds won’t be refunded.

At Indie Law, our law firm specializes in helping clients navigate the trademark process successfully. One of the essential services we provide is running rigorous and thorough trademark searches before initiating the application process.

Here’s why it matters:

Cost Savings: Our comprehensive searches aim to identify any major red flags that could lead to trademark rejection. By addressing potential issues early on, we help you save money in the long run.
Strategic Drafting: Beyond cost savings, our goal is to strategically draft your trademark application. We work diligently to describe your goods and services in a way that sets your trademark apart as distinctly as possible from anything that might be considered too similar in the market.

So, before you dive headfirst into the trademark process, take the time to run a comprehensive search. It’s a crucial step that can save you money, time, and potential headaches down the road. Trust Indie Law to guide you through this essential process and set your trademark on a path to success.

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January 10, 2024

Can you trademark a slogan in your business?

When most business owners think about trademarking, their minds go straight to the business name or logo. But your brand identity goes beyond just a name or a symbol. If your business uses a catchy phrase, tagline, or motto that customers recognize, you might be overlooking one of the most powerful tools in brand protection: trademarking your slogan.

Yes, slogans can be trademarked—and doing so can offer valuable legal benefits. Many of the world’s most recognized companies do it. Think about Nike’s “Just Do It” or McDonald’s “I’m Lovin’ It.” These aren’t just marketing lines. They’re protected trademarks with real legal standing.

What Makes a Slogan Eligible for Trademark Protection?

Not every slogan can be trademarked. For a slogan to qualify, it needs to be distinctive and closely associated with the goods or services you offer. Generic or purely descriptive phrases usually won’t qualify unless they’ve gained a strong secondary meaning in the marketplace. But if your phrase uniquely identifies your brand and isn’t being used widely by others, it may be a strong candidate for federal trademark protection.

Why Trademarking a Slogan Matters

A slogan does more than just enhance your marketing. It helps shape how customers remember and relate to your brand. When you trademark a slogan, you’re not just claiming creativity—you’re securing a legal right to use that phrase in connection with your business.

Trademarking slogans helps protect against brand confusion. If someone else starts using a similar phrase in the same industry, it could weaken your brand’s impact or even mislead consumers. With a registered trademark, you have the right to stop them—and preserve the integrity of your message.

This protection also supports long-term brand consistency. Your slogan may appear in ads, on packaging, or even on merchandise. By registering it, you reduce the risk of others capitalizing on your hard-earned reputation.

Legal Protection Beyond Names and Logos

When people think of intellectual property, they often think of names and logos—but verbal branding plays just as big a role. A unique and memorable slogan can be as recognizable as a company name. Protecting it legally ensures your business identity is shielded from competitors who might try to use similar language.

Just as you would register your business name or logo, registering your slogan gives you access to nationwide legal rights through the United States Patent and Trademark Office (USPTO). That means your rights extend far beyond your local market.

Planning for Growth

Even if you’re a small business now, protecting your slogan sets the foundation for future success. As your business grows, so does your brand visibility. A registered slogan helps you scale with confidence, whether you’re entering new regions, launching new products, or expanding your advertising efforts.

And once your trademark is approved, you’ll want to make the most of it. For tips on how to properly use and enforce your new rights, check out You’ve Got Your Trademark—Now What?, which covers the essential next steps after registration.

Final Thoughts

Your slogan is more than just a clever line—it’s part of your brand’s voice. If it resonates with your audience, builds recognition, and sets you apart, then it’s worth protecting. Trademarking your slogan isn’t just a legal step. It’s a strategic move that strengthens your brand, reinforces your message, and helps you stand out in a crowded marketplace.

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January 7, 2024

What’s the Difference Between the TM and ® Symbols in Trademarks?

Have you ever noticed the little ™ and ® symbols next to brand names and wondered what they mean? Once you understand the difference between these trademark symbols, you’ll start seeing them everywhere—and you’ll also see why they matter so much for protecting your business.

Two Layers of Trademark Protection in the U.S.

In the United States, there are two main types of trademark protection: common law rights and federally registered rights. Knowing how each works is essential for anyone building a brand.

Common law trademark rights begin the moment you start using your brand name, logo, or slogan in the marketplace. These rights are automatic and don’t require any formal filing. That means even without registering, you have some legal footing. But these rights are limited. They only apply in the geographic areas where your brand is actually being used and don’t carry the same weight in court as registered rights.

Federally registered trademark rights offer stronger, more reliable protection. To get them, you must file an application with the United States Patent and Trademark Office (USPTO). If approved, you gain nationwide rights to your brand, along with a legal presumption of ownership. These rights also give you more tools to stop copycats and to defend your brand if a conflict arises.

TM Symbol vs ® Symbol: What They Mean

The TM and ® symbols reflect these two different layers of trademark protection.

The TM symbol is used to show that you’re claiming common law trademark rights. You don’t need to register your trademark to use this symbol. By adding ™ next to your business name or logo, you’re simply signaling that you consider this brand element your trademark—even though it hasn’t been registered yet. This symbol is especially useful for businesses that are just starting out but want to mark their territory.

The ® symbol, also known as the Circle R, is reserved for trademarks that have been officially registered with the USPTO. You are not legally allowed to use this symbol unless your application has been reviewed and approved by the federal government. Getting to this point usually takes over a year, but once your trademark is registered, the ® symbol gives your brand serious credibility and legal strength. It shows the world that your trademark is officially recognized and protected under U.S. law.

Using the correct trademark symbol not only helps you protect your brand but also helps you avoid legal issues. For more detailed advice on how to display your trademark properly, including when and where to use the ™ or ® symbols, take a look at Using Your Trademark Correctly: Guidelines and Tips.

Why This Matters for Your Brand

Knowing the difference between TM and ® is more than just a technical detail—it’s part of building a legally sound and trustworthy brand. Starting with the TM symbol is an easy way to establish early trademark rights, but moving toward federal registration and the use of the ® symbol provides the long-term protection your business needs.

If you want to grow a brand that’s secure, respected, and defensible, understanding and using these symbols correctly is a critical step.

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January 4, 2024

How Long Does the Trademark Process Take?

If you’ve ever asked yourself, “How long does the trademark process take?”, you’re not alone. In today’s fast-paced world, we’re used to instant results. Buying a domain name, claiming a social media handle, or even forming an LLC can often be done in just a few clicks. But when it comes to trademark registration, things work a little differently.

Trademarking your brand is not an instant transaction. It’s a legal process overseen by the United States Patent and Trademark Office (USPTO), and it involves several steps that take time. You’re not just buying a name—you’re applying for official recognition that your brand deserves exclusive rights to a specific name, logo, or slogan.

Unlike domain names or LLCs, trademark applications are thoroughly reviewed. The USPTO takes time to ensure that every new trademark is unique and doesn’t cause confusion with other brands. Their goal is to keep the marketplace clear and fair, so future businesses still have space to develop their own identities.

So, how long does it really take? As of April 2025, the average time for the USPTO to begin reviewing a new application is about six months after it’s filed. If there are no issues, the process can take around twelve to fifteen months. But if there are any complications—like objections from the trademark office, missing information, or challenges from other businesses—it can stretch out to eighteen months or even two years.

After you submit your application, it goes into a queue. When your turn comes up, an examining attorney at the USPTO looks it over. If they find any problems, they issue what’s called an “Office Action,” and you’ll need to respond to fix those issues. That back-and-forth adds time. Once the application clears that stage, it gets published in an official journal for thirty days. During that period, anyone who believes your trademark might hurt their business can file an objection. If no one objects, or any disputes are resolved, your trademark moves on to full registration.

While that might sound like a long road, it’s actually a smart investment in your business. A registered trademark gives you powerful legal protection. It means you have the exclusive right to use your brand name nationwide, and it gives you tools to fight back if someone tries to copy you.

Understanding the trademark process is crucial, but it’s equally important to avoid common pitfalls. For insights into frequent trademarking mistakes that could impact your business, check out The Top 5 Trademarking Mistakes That Could Cost Your Business Big Time.

In the end, even though it takes longer than registering a domain or setting up an LLC, getting a trademark is worth the wait. It’s one of the best ways to protect your brand and everything you’re building.

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January 2, 2024

Why Is it Important to Register Your Trademarks?

If you’re running a business and building a brand, you’ve probably heard that trademarks are important. But one of the most common questions I hear is, “Do I actually need to register my trademark?” The answer is yes—and here’s why it matters more than most people realize.

Common Law Rights vs. Registered Trademarks

In the United States, you don’t technically need to register a trademark to have some level of legal protection. Just by using your brand name, logo, or slogan in commerce, you may have what’s called common law trademark rights. These rights come from actual use, not from filing anything with the government.

The problem is, common law rights are limited and weak. They only apply in the areas where you’re actively doing business. They’re also hard to enforce if someone else starts using a similar brand. Without a formal registration, you’ll have a much harder time proving you own the trademark—and you could even risk losing the ability to protect it altogether.

The Benefits of Federal Trademark Registration

When you register your trademark with the United States Patent and Trademark Office (USPTO), you’re not just filing paperwork. You’re gaining nationwide protection and creating a public legal record of ownership. That registration gives you stronger rights and clearer legal footing if you ever need to take action against infringement.

Federal registration means you own exclusive rights to use your trademark throughout the entire United States—not just in the areas where you’re currently doing business. It also gives you the ability to stop others from using not only your exact brand name or logo, but anything that’s confusingly similar.

Without a registered trademark, your legal claim is weaker. You don’t have strong proof of ownership, and you could be forced to rebrand if someone else registers a similar name before you do. That’s why registering your trademark is one of the smartest legal moves you can make as a business owner.

Think of it this way: when you register your trademark, it’s like getting a birth certificate for your brand. It becomes official, verifiable, and enforceable.

Understanding Trademark Classes

One thing to keep in mind during the registration process is that trademarks are categorized by classes. Each class represents a type of product or service, and you’ll need to identify the right class—or classes—your business falls under when you file.

Choosing the right trademark class is crucial. It can impact how broad your protection is and whether your application gets approved. If you’re unfamiliar with how trademark classes work, check out this detailed breakdown of trademark classes to help you get it right.

And that’s why it’s so important to register your trademarks.

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December 29, 2023

Difference between trademarks vs copyrights vs patents?

One of the most common questions I get as a trademark attorney is: What’s the difference between a trademark, a copyright, and a patent?

It’s a great question—and one every business owner should understand. These three types of legal protection all fall under the umbrella of intellectual property, but they serve very different purposes. Knowing which one applies to your business can help you protect your ideas, your content, and your brand.

Copyright: Protecting Your Creative Work

Copyright protects original works of authorship. That includes things like books, photographs, paintings, videos, songs, podcasts, blog posts, and online course content. If it’s creative, original, and fixed in some tangible form, it’s likely protected by copyright the moment you create it.

You don’t technically have to register a copyright for it to exist, but registration gives you important benefits—like the ability to sue someone for infringement and potentially recover damages.

If your business was a box of cereal, copyright would protect what’s inside the box. The content itself. The creative substance of what you’ve made.

Trademark: Protecting Your Brand Identity

While copyright protects creative content, trademark law protects the elements of your brand that help consumers recognize your business. This includes your business name, your logo, your slogan, and even things like course or podcast titles. Anything that identifies the source of your products or services and distinguishes you from competitors can fall under trademark protection.

Trademarks aren’t about the content inside—they’re about the outside. The packaging. The branding. The pieces of your business that make people say, “I know who that is.”

If someone else starts using a name or logo that’s confusingly similar to yours, trademark rights can give you the legal grounds to stop them. If you’re already in that situation, you’ll want to read this post on what to do if someone is using your trademark.

Trademarks are powerful because they’re about trust. They’re about the reputation you’ve built and how the public connects your name or visuals to the work you do. That’s why they matter so much—especially in crowded markets.

Patents: Protecting Inventions and Functional Ideas

Patents are a third category of intellectual property. While trademarks protect branding and copyrights protect creative expression, patents are used to protect inventions and functional processes. If you’ve created a product, machine, or method that’s new, useful, and non-obvious, a patent may be the right way to protect it.

Unlike copyrights and trademarks, patents involve a much more technical and detailed application process. They also have strict filing deadlines. That’s why patent law is a very specialized area—and not one that we handle at Indie Law.

Why We Focus on Trademarks at Indie Law

At Indie Law, we don’t handle copyright or patent filings. We’re a trademark-only law firm, and that’s by design.

We believe the most urgent thing a business needs to protect is its brand identity. Your business name, your logo, your slogan—those are often the first things people see, and they’re what your customers remember. That’s why we focus entirely on trademarks.

We’re happy to refer you to trusted colleagues who can handle copyright or patent matters. But before you worry about protecting your blog post or your video content, we recommend starting with the name of your business, the name of your course, or the title of your podcast.

In other words, we help you protect the packaging first—then we can guide you toward the right resources to protect everything inside.

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December 18, 2023

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