Entirely Well LLC is a visionary parent company based in Huntsville, Alabama. With ambitions to grow across various consumer sectors—including feminine care, food, pet food, skincare, and eco-friendly cleaners—their brand strategy hinges on a strong, legally protected name.
The company sought to register its primary name, “Entirely Well,” and a potential brand extension, “Be Entirely Well,” as trademarks. However, navigating the complexities of the U.S. Patent and Trademark Office (USPTO) process proved challenging. That’s when they turned to Indie Law, a firm specializing in trademark protection for entrepreneurs and growing brands.
The Challenge: Tricky Trademark Terrain
Trademarking a brand name is never one-size-fits-all. For Entirely Well, the journey involved navigating multiple legal hurdles:
- Classification Confusion: Early filing attempts selected incorrect classes of goods/services, risking rejection or narrow protection.
- Commercial Use Complications: Proving “use in commerce” for the “Be Entirely Well” slogan required tangible proof, such as product packaging and a compliant website.
- Specimen Rejection: Initial specimen submissions—including websites and videos—were rejected for failing to meet USPTO criteria.
- Deadline Pressures: Strict USPTO filing deadlines created urgency around re-submissions and extensions.
- Trademark Differentiation: Each variation—“Entirely Well” and “Be Entirely Well”—needed distinct evidence of use.
- Website Compliance: Their site needed adjustments to meet the legal display standards for trademarks.
- Address Updates: A mid-application move meant updating contact info to avoid communication errors.
- Similarity Concerns: Existing marks raised the risk of likelihood-of-confusion rejections.
- Descriptiveness & Genericness: The USPTO flagged possible issues of descriptiveness, threatening registration.
- Office Actions: Anticipating and preparing for potential USPTO objections was critical.
- Ongoing Monitoring: Long-term brand protection required future enforcement strategies.
The Solution: A Full-Service Legal Strategy
Indie Law stepped in with a tailored action plan that addressed every challenge with expert precision:
Trademark Class Clarity
We conducted a detailed trademark class analysis to correctly classify their products. This prevented misclassification and strengthened their legal position.
Use in Commerce Strategy
Our team worked with Entirely Well to craft packaging and web displays that clearly showed the mark being used in actual sales—satisfying USPTO requirements.
Compliant Specimens
Using high-resolution product images, branded labels, and e-commerce snapshots, we ensured specimen submissions were bulletproof.
Deadline Management
We implemented internal deadline tracking systems and set up direct communication channels for timely document submissions and responses.
Distinction Between Marks
Separate documentation and branding examples were prepared for “Entirely Well” and “Be Entirely Well,” emphasizing each mark’s unique role.
Website Modifications
Our legal team advised on web layout and content changes to showcase the trademark in a legally acceptable manner.
Address Accuracy
We filed timely updates with the USPTO to maintain accurate business contact records and avoid procedural delays.
Similarity Searches
Comprehensive trademark searches helped avoid conflicts with similar marks, reducing the risk of denial based on confusion.
Tackling Descriptiveness and Genericness
We used a combination of distinctive branding and evidence of acquired distinctiveness to overcome potential rejections.
Proactive Office Action Response
By preparing strong legal arguments and clear documentation, we addressed USPTO Office Actions swiftly and thoroughly.
Trademark Monitoring and Enforcement
We established a trademark monitoring program to keep watch for future infringement and maintain brand integrity.
Results: A Trademark Win for Entirely Well
The strategic partnership between Indie Law and Entirely Well led to multiple victories:
- Proper trademark classification ensured legal protection across all relevant product categories.
- USPTO-accepted specimen submissions facilitated smooth progression to registration.
- Trademark registration for both “Entirely Well” and “Be Entirely Well” without rejection or delay.
- Compliance with all deadlines and application requirements.
- Successful updates to business information during the registration process.
- No Office Action denials, thanks to thorough documentation and preparation.
- Implementation of long-term trademark monitoring for continued brand security.
Client Testimonial
“Working with Indie Law was a game-changer for our brand. They provided expert guidance and made us feel secure about our brand’s future.” – Entirely Well LLC
Key Takeaways for Entrepreneurs
If you’re a founder building a brand in the wellness, food, or consumer products space, trademarking your business name and slogans is a crucial step in protecting your brand identity. Here’s what we learned:
- Correct classification matters. Missteps can delay or invalidate protection.
- Evidence of commercial use must be specific, visual, and verifiable.
- A proactive trademark strategy, including monitoring, keeps your brand legally secure.
- Partnering with an experienced trademark law firm like Indie Law can make the difference between approval and rejection.
Related Articles from Indie Law
Want to learn more about trademarks and how to protect your brand? Check out these helpful resources from our blog: