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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!

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.

OpenAI Is Being Sued Over the Name “Astra.” Here’s Why the Smaller Company Has a Real Shot.

On October 5, 2026, a California software company called TradeSun sued OpenAI in federal court in San Francisco over a single word: Astra.

TradeSun says it has sold AI software under the name ASTRA since 2021 and registered it as a federal trademark in 2022. Its software reads business documents, pulls out data, and screens for risk for banks and other financial institutions. Then, on September 3, 2026, OpenAI launched GPT-6 Astra and began extending the name into specialized products like “Astra for Law.”

As Bloomberg Law reported, TradeSun’s complaint says OpenAI is teaching customers that “Astra means OpenAI.” TradeSun wants a court to order OpenAI to stop using the name and to hand over profits tied to it. OpenAI has said the complaint lacks merit.

This is a brand new lawsuit. Nothing has been decided, and everything in the complaint is an allegation. But the legal theory behind it is one every small business owner should understand, because it is the theory that protects you when a much bigger company lands on your name.

The little guy was there first

Most trademark cases follow a familiar pattern. A small company borrows a big brand’s name, hoping to ride its popularity, and the big brand sues.

This case runs the other way. TradeSun isn’t accused of copying anyone. Its argument is that it was using Astra years before OpenAI, and that OpenAI’s sheer size is now drowning it out.

That’s called reverse confusion. The concern isn’t that customers will think OpenAI’s product comes from TradeSun. It’s the opposite. Customers who come across TradeSun’s ASTRA might assume it is built on OpenAI’s model, is endorsed by OpenAI, or worst of all, that TradeSun is the copycat trying to cash in on OpenAI’s brand.

In TradeSun’s words, as quoted by Bloomberg Law: “Being one of the biggest technology companies in the world does not entitle OpenAI to our trademark.”

Why this matters if you’re a small business

A lot of business owners assume that if a giant company starts using their name, they’ve lost. The giant has more money, more lawyers, and more customers, so the name is effectively theirs now.

Trademark law doesn’t work that way. Rights generally go to whoever used the name first for those goods or services, not to whoever is biggest. Reverse confusion exists precisely so that a smaller, earlier business isn’t erased when a larger company floods the market with the same name. We saw a version of this a few weeks ago when a small company’s existing trademark got in the way of Tesla and SpaceX’s Terafab plans.

What gives TradeSun a real seat at the table is its federal registration. A registration is public notice to everyone, including the world’s biggest AI company, that the name is taken. TradeSun’s complaint leans on exactly that point, arguing that a company as sophisticated as OpenAI could easily have found its registration before launching.

Registration isn’t a guarantee

There’s a twist that hasn’t made the headlines. TradeSun’s own ASTRA registration is being challenged. In April 2026, months before OpenAI’s launch, another company using ASTRA for AI software asked the Trademark Trial and Appeal Board to cancel TradeSun’s registration, alleging that TradeSun had not been using the mark the way its registration claims. That challenge is still pending, and those claims haven’t been proven either.

The lesson is simple. A registration is powerful, but it is only as strong as the use behind it. You have to actually use your mark, keep using it for the goods and services listed, and keep records that prove it. If you ever need to enforce your trademark, the other side will look hard at whether your registration holds up. (If you’re on the other end of a dead registration blocking you, here’s how a trademark cancellation works.)

Big companies skip steps too

This is not OpenAI’s first naming fight this year. According to Bloomberg Law, a federal judge barred OpenAI from using “cameo” for a feature in its Sora video app in February, and another judge blocked its “io” branding for AI devices in April before that case settled in July. We’ve also written about OpenAI’s ChatGPT naming headaches before.

If one of the best-funded companies in the world can end up in court right after a product launch, a small business can too. The fix costs far less than the fight: a real clearance search before you commit to a name, not a quick Google search the night before launch. We walk through the steps in naming a product before you launch.

What to do now

  • File early. A federal registration gives you nationwide notice and real leverage against a company many times your size.
  • Keep using your mark, and keep proof. Save dated screenshots, invoices, and product pages showing the mark in use for what your registration covers.
  • Search before you launch. Clear a new product or brand name before you announce it, not after.
  • If a bigger brand lands on your name, start documenting right away. Every confused customer email, misdirected call, or “are you affiliated with them?” message is evidence. Then talk to a trademark attorney before you respond.

Worried a bigger company is crowding out your name?

Whether you’re launching a new name or watching a much larger brand show up in your space, now is the time to get clear on your rights. Indie Law has filed thousands of trademark applications for entrepreneurs, creators, and small businesses. Book a free consultation, and we’ll walk you through your options in plain English.

Sources: Bloomberg Law, “OpenAI Accused of Copying ‘Astra’ Trademark With New Model,” Oct. 5, 2026 (link); Law360, “OpenAI’s ‘Astra’ Name Causes ‘Reverse Confusion,’ Co. Says,” Oct. 5, 2026; Reuters, “OpenAI sued for trademark infringement over ‘Astra’ AI model,” Oct. 5, 2026; TradeSun Inc. v. OpenAI OpCo LLC, N.D. Cal. No. 3:26-cv-11360; BizUpUSA Holdings LLC v. TradeSun, Inc., TTAB Cancellation No. 92091356 (filed April 7, 2026).

Filing Service vs. Trademark Attorney: What You Actually Get for the Price

You’re ready to trademark your brand name, so you start comparing prices, and one option looks surprisingly cheap while another involves hiring an actual trademark attorney and costs considerably more. Naturally, you start wondering whether you’re really getting that much more by hiring an attorney.

A filing service and a trademark attorney can both help get an application in front of the United States Patent and Trademark Office (USPTO), but submitting an application is only one part of the trademark process. The real difference is what happens before you file, what decisions get made along the way, and who helps when the USPTO has questions, so here’s what you’re actually paying for.

What Does a Trademark Filing Service Actually Do?

A trademark filing service can make the application process easier. Instead of navigating the USPTO filing system yourself, you provide information about your trademark and business, and the service uses that information to help prepare and submit your application. If you know exactly what you need to file, understand the legal choices involved, and are comfortable managing the process afterward, a filing service can take care of the administrative part for you.

Still, a filing service primarily helps with filing, and it generally isn’t a substitute for personalized legal advice from an attorney who has evaluated your brand, your business, and the potential risks surrounding your trademark. Some of the most important trademark decisions happen before anyone clicks submit.

What Does a Trademark Attorney Do Differently?

A trademark attorney isn’t simply a more expensive person submitting the same form. The biggest difference is legal judgment.

A Trademark Search Is About More Than Finding the Exact Name

Imagine you want to register the name “Bright Nest” for your business. You search the USPTO database and don’t see an identical “Bright Nest” registration, which might sound like great news. But trademark conflicts aren’t limited to identical names, since similar sounding names, similar meanings, related products, and other factors can create problems.

A trademark attorney can search for potential conflicts and then analyze what those results actually mean for your application. The database gives you information, while an attorney helps you make a decision with it.

Your Goods and Services Matter

Trademark applications require you to identify the goods or services connected to your trademark, and those are organized into 45 international classes. The USPTO currently charges a base application fee of $350 for each class in most applications, and additional fees can apply depending on how the application is prepared. Choosing classes isn’t simply about checking every category that sounds relevant, because those choices affect both your cost and the scope of your protection.

An Attorney Can Help When the USPTO Pushes Back

Submitting an application doesn’t mean the USPTO will approve it. A USPTO examining attorney reviews the application, and if the examiner identifies a legal or procedural issue, the USPTO can send an Office Action, which is an official letter explaining a problem with the application that needs to be addressed. Sometimes the issue is relatively straightforward, but other times responding requires a legal argument about why the trademark should be allowed to move forward, and that’s a major difference between paperwork assistance and legal representation.

The Real Cost of Filing a Trademark

The USPTO’s current base application fee is $350 per class for most applications, and that government fee is separate from whatever you pay a filing service or attorney. There can also be additional USPTO fees. For example, certain incomplete applications can trigger an additional $100 per class fee, and using a custom description of goods or services instead of the USPTO’s identification system can trigger a $200 per class fee. Government filing fees also generally aren’t refunded simply because your trademark doesn’t ultimately register, which is why comparing a low filing service price with an attorney’s fee doesn’t always tell you the real cost.

You also have to ask:

  • What happens if the original application has a problem?
  • What happens if you chose the wrong strategy?
  • What happens if you need legal help later?
  • What happens if you have to start over?

Sometimes the least expensive filing really is the least expensive option, but sometimes doing something twice costs more than doing it strategically the first time. A filing service can help submit your paperwork, while a trademark attorney can help determine what that paperwork should say and why.

When Can a Trademark Filing Service Make Sense?

Not every trademark application needs to become a major legal project. If the brand is low stakes, your budget is extremely limited, and you understand that you’ll be responsible for navigating problems that come up, a filing service can be a reasonable choice, and some business owners are comfortable accepting that risk in exchange for a lower upfront cost.

The equation changes when the name you’re protecting is attached to a company you’re investing serious time and money into. If you’re building a brand that you expect to use for years, hiring an attorney can help you understand potential problems before you’ve invested even more into the name.

Not sure which situation you’re in? Book your free brand protection consultation, and we’ll talk through your brand and help you understand what level of support makes sense.

What Happens If Something Goes Wrong?

This is where the difference between filing help and legal representation becomes much clearer. Suppose the USPTO sends an Office Action because it believes your trademark is too similar to an existing registration. You need to understand the examiner’s legal reasoning, determine whether there’s a strong response, and decide how to proceed.

Or imagine another trademark owner formally challenges your application. Now you aren’t dealing with routine filing paperwork, you’re dealing with a legal dispute. The exact support offered by filing services varies, so you should always read what’s included before purchasing one. With an attorney, you have someone who can provide legal advice about what the problem means and what your options are, though depending on the firm’s engagement terms, additional disputes or proceedings can still involve additional legal fees.

You aren’t paying an attorney because attorneys have a secret version of the trademark application. You’re paying for legal judgment and representation.

Filing Service vs. Trademark Attorney: The Practical Difference

With a filing service, you’re primarily paying for help preparing and submitting an application, and legal advice and representation may not be included, while additional help can cost extra. With a trademark attorney, you’re paying for legal analysis and strategy in addition to preparing the application, which can include evaluating potential conflicts, determining how your goods and services should be described, helping choose an appropriate filing strategy, and advising you if the USPTO raises an issue.

Neither option guarantees registration, but the level of legal guidance you have throughout the process is very different.

Three Common Trademark Filing Mistakes

Assuming “Filed” Means “Protected”

Submitting a trademark application is the beginning of the federal registration process, not the end. The USPTO still needs to examine your application, and registration isn’t guaranteed whether you use a filing service or hire an attorney.

Looking Only at the Upfront Price

A lower upfront price can be attractive, especially when you’re watching every dollar in a growing business, but make sure you’re comparing what each price actually includes. A $350 USPTO filing fee, a filing service fee, attorney fees, possible additional USPTO fees, and future legal work are different costs, so compare the entire process rather than one number on a checkout page.

Waiting Until There’s a Problem to Think About Legal Help

You don’t want your first conversation with a trademark attorney to happen after you’ve spent thousands of dollars building a brand around a name that has a serious trademark conflict. One of the biggest benefits of legal advice is identifying risks early, when you still have more options.

Frequently Asked Questions About Filing Services and Trademark Attorneys

Is a trademark filing service the same as a trademark attorney?

No, they’re different. A filing service can assist with preparing and submitting trademark paperwork, while a licensed attorney can provide legal advice, evaluate risks, recommend a filing strategy, and represent a client in legal matters. Always check exactly what’s included in any service before paying.

Can a filing service represent me if my trademark application has a problem?

It depends on the service and the type of problem, since some services offer additional assistance while others primarily provide application preparation and filing support. If an issue requires legal advice or representation, you’ll need appropriate legal counsel, so read the service agreement carefully to know who’s responsible if the USPTO raises an issue.

Is hiring an attorney worth it if my trademark seems simple?

It can be, but the tricky part is knowing whether the trademark is actually simple. A name that looks available after a quick search can still have potential conflicts, and your application can also involve decisions about ownership, filing basis, goods and services, and other issues that aren’t obvious from the application form. The more valuable the brand is to your business, the more valuable it can be to identify those issues before filing.

What’s the actual price difference between a filing service and a trademark attorney?

There’s no universal number because filing services and law firms use different pricing models, so start by separating the USPTO’s government fees from the professional service fee. As of 2026, the USPTO’s base application fee for most applications is $350 per class, and additional government fees can apply depending on the application. That money goes to the USPTO, not your attorney or filing service.

Then compare what’s included in the professional fee, such as trademark searching, legal analysis, application preparation, attorney communication, Office Action support, monitoring, and any additional charges that could come later. That’s a much more useful comparison than simply asking which option has the lowest starting price.

Your Trademark Is More Than an Application

If all you need is someone to submit information you’ve already decided on, a filing service can be useful. But if you need someone to help decide what to file, identify potential problems, build a strategy, and give you legal advice when questions come up, that’s where a trademark attorney provides a different kind of value.

At Indie Law, we’ve filed more than 2,500 trademarks and have a 99.7% success rate, and our flat fee approach is designed to make the cost clear upfront so you know what you’re paying for before we get started. No trademark attorney can promise that every application will register, but we can help you make informed decisions about a brand you’ve worked hard to build.

Book your free brand protection consultation and let’s figure out the right approach for your trademark.

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.

Starbucks Can’t Shake Its Union’s Trademark Lawsuit. The Real Lesson Is About Unfinished Deals.

On October 2, 2026, a federal judge in Philadelphia refused to throw out a trademark lawsuit that the union representing Starbucks baristas filed against the coffee giant. As Reuters reported, U.S. District Judge Michael Baylson rejected Starbucks’ argument that there was nothing left to fight about, so the case now moves into discovery.

The fight is over the name “Starbucks Workers United” and the union’s logo, a raised fist holding a coffee cup inside a circle, which plays off the famous Starbucks siren. The union wants a court to declare that it can keep using both.

This was an early, procedural ruling. The judge did not decide whether the union’s name or logo infringes Starbucks’ trademarks. But the reason the case is still alive holds a lesson for every small business owner who has ever settled a dispute with a handshake.

How we got here

According to the union’s complaint, baristas began organizing under the Starbucks Workers United name in 2021. In October 2023, Starbucks sent the union a cease and desist letter demanding that it stop using the Starbucks name and logos. Days later, Starbucks sued in federal court in Iowa, and the union filed its own case in Pennsylvania asking a court to rule that it does not infringe.

Then the two sides tried to step back. They signed a memorandum of understanding in 2024, agreed to work things out outside of court, and both cases were dismissed in early 2025. According to the union’s new lawsuit, as reported by The Philadelphia Inquirer, those negotiations fell apart and a settlement was never reached.

So both sides went back to court. The union refiled in Pennsylvania in April 2026. Starbucks refiled its infringement lawsuit in Iowa in June 2026. The same dispute is now running in two federal courts.

Why the judge kept the case alive

Starbucks argued that the 2024 memorandum of understanding had already resolved the dispute, so there was no live controversy for the court to decide when the union sued. Judge Baylson disagreed. He found the union had plausibly alleged a real, ongoing dispute and was entitled to move forward.

Put simply, an agreement to try to work things out did not end the trademark fight. It paused it.

“We’ll work it out” is not a resolution

This is the part that applies far beyond Starbucks. Small business owners do this all the time. Someone sends an angry email about your name. You get on a call, everyone is reasonable, and you agree to “figure something out.” Months pass. Nobody signs anything.

That feels like a resolution. Legally, it often isn’t one. If the conversation stops without a signed agreement that says exactly what each side can do, the original dispute is still sitting there, waiting. And in the meantime, you keep building your brand on top of it.

If you reach a deal over a name or logo, get it in writing, and make it specific:

  • What name or logo you can use, and in what form
  • Where you can use it, and for which products or services
  • Whether there is a deadline, a phase-out period, or a geographic limit
  • What happens if either side wants to change the deal later

Depending on the situation, that might be a coexistence agreement, a consent agreement, or a license. If someone else’s brand is involved and they are giving you permission, here is what a trademark licensing agreement should include.

Getting threatened doesn’t mean you just have to wait

The other half of this story is the tool the union used. After Starbucks threatened legal action, the union didn’t wait to be sued. It filed a declaratory judgment action, which asks a court to confirm that what you are doing is legal.

You won’t need that tool in most disputes. It costs money, and it isn’t the right move for every business. But a cease and desist letter usually leaves you with more than two options. You can comply, negotiate, push back, or in some cases ask a court to decide. A trademark attorney can help you figure out which of those makes sense before you respond. The worst move is usually ignoring the letter, a lesson we’ve covered before.

Riffing on a famous brand invites the fight

The union’s logo is a deliberate play on one of the most recognizable logos in the world. The union says its name makes clear it is an organization of workers, not the company. Starbucks says the name and logo could confuse people about who is speaking.

Courts will sort that out. But the setup is familiar. When you borrow the look or name of a famous brand, even to criticize it or poke fun at it, you are inviting a dispute you then have to win. The legal question is whether people are likely to be confused, and likelihood of confusion is decided on the facts, often after a long and expensive fight. Having a good argument is not the same as avoiding the lawsuit.

What to do now

  • Clear your name and logo before you launch, especially if it nods to a well-known brand.
  • If you get a demand letter, don’t ignore it and don’t answer it alone. Talk to a trademark attorney about all of your options.
  • If you make a deal, sign it. Write down what you can use, where, and for how long.
  • Treat “let’s work it out” as the beginning, not the end. Until there is a signed agreement, the dispute is still open.

Got a name dispute that never really ended?

If you’ve had a conversation about your brand name that ended with “we’ll figure it out,” or you’re about to launch a logo that plays off a big brand, now is the time to get clarity. Indie Law has filed thousands of trademark applications for entrepreneurs, creators, and small businesses. Book a free consultation, and we’ll walk you through your options in plain English.

Sources: Reuters, “Starbucks loses bid to dismiss labor union’s trademark case,” Oct. 2, 2026 (https://www.reuters.com/legal/litigation/starbucks-loses-bid-dismiss-labor-unions-trademark-case-2026-10-02/); Bloomberg Law, “Starbucks Loses Bid to Dismiss Union Trademark, Copyright Suit,” Oct. 2, 2026; The Philadelphia Inquirer, “Starbucks worker union files lawsuit in Philadelphia over trademark use,” April 6, 2026; Workers United v. Starbucks Corp., complaint filed April 3, 2026, E.D. Pa. No. 2:26-cv-02202.

Outkast Is Suing Ovrkast. Changing a Few Letters Doesn’t Make a Name Yours.

Outkast, the Atlanta duo of André 3000 and Big Boi, has sued an Oakland rapper and producer who performs as Ovrkast. As Rolling Stone first reported, the 31-page complaint was filed in federal court in Georgia on September 16, 2026, by High Schoolers LLC, the company that holds Outkast’s trademarks. It accuses Ovrkast, whose real name is Silas Wilson, of trademark infringement, unfair competition, and breach of contract.

The trademark claims are what grab the headlines. The part every creator should pay attention to is the contract claim. According to the complaint, this dispute was supposed to be settled already.

Nothing has been decided. Everything below comes from the complaint and from Rolling Stone’s reporting, and those are allegations, not findings. But the story is a clean lesson in how naming disputes actually unfold for working artists and small brands.

What the lawsuit claims

According to Rolling Stone’s report, Outkast’s lawyers contacted Wilson in June 2025. The complaint says the two sides then reached an agreement: he would change his stage name to Overkxst and stop using Ovrkast on his website, social media and streaming accounts, domain name, newsletters, advertising, clothing, and merchandise.

The complaint says the deadline for that switch was pushed back to July 15, 2026. Outkast alleges that Wilson then backed out, proposed alternate names that had already been rejected, and kept using Ovrkast. Outkast is asking the court to stop him from using the name, and to award its legal fees and his profits from the name.

Wilson sees it differently. In a statement to Rolling Stone on September 25, he said he built his name “completely independently” and never intended “to copy, misrepresent or confuse fans with the name of such a legendary act.” He also said he hopes the two sides can find a resolution that lets him keep making his mark on hip-hop. And in a post on X that Rolling Stone also reported, he wrote: “For the record, I NEVER signed any agreement.”

Changing a vowel doesn’t change the analysis

Many creators assume that if they spell a name differently, they are in the clear. Swap a letter, drop a vowel, add an X, and it is technically a new word.

Trademark law doesn’t look at spelling in isolation. It asks whether the names look alike, sound alike, and create a similar overall impression, and whether they are used for related things. Ovrkast and Outkast are both hip-hop acts. Read quickly, the names look nearly the same. Said out loud, they are close. That is exactly the kind of overlap that puts a creator on the wrong end of a demand letter, no matter how the name was chosen or what it means to the artist.

It gets harder when the other name is famous. Famous marks get broader protection, and Outkast’s complaint leans on that, describing the name as “famous” and “extremely valuable.”

Your own words can become evidence

One detail in this case should make every creator pause. According to Rolling Stone, the complaint points to a 2025 Rolling Stone interview as evidence of confusion. In that interview, Wilson said people read Ovrkast as Outkast: “They’re like, oh my God, I thought they said Outkast.”

He was making the point that he wasn’t thinking about Outkast at all. But in a trademark case, the question is not what you intended. It is what the public thinks. Offhand comments in interviews, posts, and comment sections about people mixing you up with someone else can show up later as exhibits.

A settlement is a contract, not a suggestion

This is the lesson most coverage skips. When you receive a cease and desist letter, you often have room to negotiate: more time, a phase-out period, the right to sell existing merch, a new name you can live with. A good attorney can help you get real terms.

But once you agree, those terms can be binding, which is why they belong in writing. Here, the two sides already disagree about whether a deal was ever signed. If Outkast’s allegations are true, the original dispute has now become two problems: a trademark case and a breach of contract case. Missing a deadline you agreed to doesn’t reopen the negotiation. It hands the other side a second claim.

If you are asked to rebrand, only agree to a timeline and a replacement name you can actually deliver. Clear the new name before you sign, too. The worst outcome is agreeing to a rebrand and then learning the replacement has its own conflict.

Rebranding is cheaper early

Every time you grow, a rebrand gets more expensive. At 500 followers, changing your name is an annoying weekend. At 500,000, it means new artwork, new handles, new merch, confused fans, and streaming profiles you’ve spent years building.

That’s why the name check belongs at the very beginning. A clearance search before you release music, print merch, or build an audience costs a fraction of what a forced rebrand does later. It’s the same reason an LLC doesn’t protect your brand name and owning the domain or handle doesn’t mean you own the brand.

What to do if you’re a creator

Search your name before you commit to it, including creative spellings of names that already exist in your space. Register it once it clears, so you are the one with leverage. Creators should trademark earlier than they think, and waiting too long can force a costly rebrand.

If a letter shows up, don’t ignore it and don’t answer it on your own. And if you negotiate a deal, treat every deadline in it as real.

Not sure where your name stands?

Whether you’re about to release under a new name or you just got a letter about the one you have, don’t guess. Indie Law has filed thousands of trademark applications for entrepreneurs, creators, and small businesses. Book a free consultation, and we’ll walk you through your options in plain English.

Sources: Rolling Stone, “Outkast Sues Ovrkast for Allegedly Hijacking Its ‘Famous, Extremely Valuable’ Name,” Sept. 22, 2026; Rolling Stone, “Ovrkast Speaks Out Against Outkast’s Lawsuit,” Sept. 25, 2026.

Should You Trademark Your Logo in Color or Black and White?

You’ve got your logo. You love the design. You’re ready to protect it.

Then the trademark application throws you a question you probably weren’t expecting: Should you file your logo in color or black and white?

It sounds like a tiny detail, but it isn’t.

The way you file your logo can affect how much flexibility you have as your branding evolves. And for a growing business, that flexibility can matter.

Here’s what you need to know before you choose.

The Short Answer: Should You Trademark a Logo in Color or Black and White?

For many businesses, filing a logo without claiming color is the more flexible option.

In practice, that usually means submitting a black and white version of the logo and not claiming particular colors as part of the trademark.

Why?

Because you’re asking to register the design without making a particular color scheme part of what defines the mark.

Think of it like protecting the shape of the house instead of the exact paint color on the walls.

That can be useful if your logo is blue today, green during a holiday campaign, and white when it appears against a dark background.

But that doesn’t mean color is never worth protecting. For some brands, color is a big part of what makes the brand recognizable.

That’s where the decision gets more interesting.

What Does a Black and White Logo Trademark Cover?

When you submit a black-and-white drawing and don’t claim color as part of your trademark, you’re essentially telling the U.S. Patent and Trademark Office (USPTO):

The design matters, but the specific colors don’t.

That can give your brand more flexibility to use the logo in different colors without tying the registration itself to one specific color scheme.

For example, imagine your bakery has a logo featuring a hand-drawn cupcake. Your website uses the logo in pink. Your packaging uses it in gold. Your storefront uses a white version against a dark green sign.

If color isn’t a feature of the registered mark, your trademark registration isn’t centered on one of those particular color combinations.

That can be especially helpful for newer businesses whose branding is still evolving.

Your logo might stay the same while your website, packaging, or brand colors change over time.

What Happens If You Trademark Your Logo in Color?

Filing in color works differently.

When color is claimed as part of the trademark, those colors become an actual feature of the mark you’re applying to register.

The USPTO requires a color application to identify the colors being claimed and describe where they appear in the logo.

So if your logo includes a yellow sun above dark blue lettering, for example, your application would identify those colors and explain where they’re used.

That can make sense when the color combination itself is an important part of your brand identity.

The tradeoff is flexibility.

For applications based on current use, the logo shown in your application also needs to line up with how the mark is actually being used. The USPTO calls the real-world example you submit a specimen: basically, proof showing customers encountering your trademark in connection with your products or services.

If your application claims particular colors but your proof of use shows something materially different, you can run into problems.

When Is Trademarking a Logo in Color Worth It?

Color deserves more consideration when customers strongly associate a particular color or color combination with your brand.

Imagine an indie skincare company that has spent years building its identity around coral pink packaging with a distinctive teal logo.

Customers see that combination on its website, boxes, retail displays, social media, and products.

At that point, the colors aren’t just decoration. They may be an important part of how customers recognize the brand.

That’s different from a startup that chose purple for its logo six months ago but might rebrand next year.

Strategic Tip: Ask yourself this: If we changed our brand colors tomorrow, would customers still immediately recognize this logo? If the answer is yes, protecting the design without claiming color may deserve serious consideration. If the colors themselves carry significant brand recognition, talk with a trademark attorney about whether color should be part of your protection strategy.

Can You Trademark Your Logo in Both Color and Black and White?

Potentially, yes.

A business can pursue separate trademark registrations as part of a broader protection strategy.

For example, one application might focus on the logo without claiming color, while another registration strategy could protect a version where specific colors are important features.

But there’s a catch: another application means another filing fee.

USPTO trademark application fees are generally charged per class (basically, a category of goods or services, like clothing or restaurant services). The current base application fee is $350 per class, although additional fees can apply depending on the application. So filing multiple applications can increase your total government filing costs quickly.

That doesn’t mean filing both is a bad idea. It means there should be a business reason for doing it.

A growing national brand with valuable visual assets might make a different decision than a new business working with a limited legal budget.

Color vs. Black and White Logo Trademark

Question No Color Claimed Specific Colors Claimed
What are you protecting? The logo design without making a particular color scheme a feature of the mark The logo with the listed colors as features of the mark
Brand flexibility Generally more flexibility to change colors More closely tied to the colors identified in the registration
Best fit Brands that change colors or care most about the logo design Brands where specific colors are an important part of recognition
Proof of use Focuses on use of substantially the same mark without a color claim Use needs to support the mark and colors claimed
Cost if you want both approaches Separate applications can mean separate filing fees Separate applications can mean separate filing fees

Common Mistakes When Trademarking a Logo

This decision trips up plenty of business owners. Three mistakes are especially worth watching for:

  • Filing the exact color version simply because that’s the file you have. The image you upload can have legal consequences. Choose intentionally.
  • Assuming your colors will never change. Brands evolve. Think about where you want the business to be three or five years from now, not just how your Instagram feed looks today.
  • Protecting only the logo and forgetting the brand name. Your logo and your business or product name can be separate trademark assets. Depending on your situation, protecting the wording itself may be just as important as, or more important than, protecting the logo design.

Not sure which situation fits your brand? That’s exactly the kind of question a free brand protection consultation is for: no pressure, just clarity on what makes sense for you.

Frequently Asked Questions About Logo Trademark Colors

Does a trademark have to be in black and white?

No. The USPTO accepts logo applications where specific colors are claimed as features of the trademark. If you claim color, however, you need to identify the colors and describe where they appear in your logo.

Can I change my logo color after getting a trademark?

You can change how your business uses its branding, but whether a change affects an existing trademark registration depends on what was registered and how significant the change is. This is one reason businesses should think carefully before making color a feature of their trademark application.

Is it better to trademark a logo in color or black and white?

There’s no one-size-fits-all answer. For many businesses, not claiming color provides useful flexibility. But if a particular color combination is a meaningful part of how customers identify your brand, protecting a color version can be worth discussing with a trademark attorney.

Can I trademark multiple versions of my logo?

Yes, businesses can apply to register multiple versions of their branding. Each application comes with its own filing requirements and costs, so the goal shouldn’t be to register every possible variation. The goal is to protect the versions that matter most to the business.

Protect the Logo You’re Building a Business Around

A trademark application isn’t just paperwork. The choices you make when you file can shape how useful that registration is as your business grows.

That’s why the color question deserves more than a quick click on an application form.

At Indie Law, we’ve filed over 2,500 trademarks with a 99.7% success rate, and we help business owners figure out what parts of their brand are worth protecting, built around where the business is headed, not just where it is today.

Book your free brand protection consultation, and let’s figure out the right way to protect your logo.

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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!