Frequently Asked Questions

Why Do I Even Need a Federal Trademark?

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

What Should I Trademark First?

We generally recommend that you protect your brand elements in this order (but it depends):

• BUSINESS NAME (WORDS ONLY). Your business name is likely your most valuable trademark. It’s smart to get that protected first!
• FLAGSHIP PRODUCT OR SERVICE. Do you have a popular product line? An online program? A podcast? Those are protectable as trademarks as well.
• SLOGAN, CATCHPHRASE, MOTTO, OR MISSION STATEMENT. You will eventually want to protect these. You want to be proactive about these trademarks so that another business doesn’t claim these in the future and force you to rebrand.
• STYLIZED NAMES + LOGOS. Most trademark applications protect the “words only” of the trademark. But if your branding has a particular stylizing or look to it, that can be protected as well.
• YOUR SOMEDAY/MAYBE STUFF. Are you considering a rebrand, a name for a new business, or a slogan you want to start using? It’s possible to apply for a trademark before you even start using it. In fact, this is what our biggest clients do so that they can lock in trademark protections before they spend time or money committing to the brand.

How Long Will This Take?

When you sign up, we will get right to work for you and have your application submitted in 1-2 weeks. After we apply, however, it could take 9-15 months or longer to work its way through the US Patent and Trademark office.

What is the Investment?

Our flat-fee packages range from $2,599 to $3,599 depending on your needs and your budget.

Is There A Refund or Guarantee Policy?

Yep! And this is something that sets Indie Law apart. Under our Pro and Max Packages, we will respond to ALL trademark office concerns throughout the application process. And if we’re not successful in getting your trademark registered, your next one is 100% on us (including filing fees).

When Can I Start Using the ™ or ® Symbols?

You can start using the little ™ symbol now — even without filing for anything. (Tip: Use a little ℠ symbol if you sell a service instead of a product). You can only use the ® once you have a registered trademark.

What if I Decide Not to Apply After Seeing the Search Results?

If you review our comprehensive search report and decide not to apply with that mark, you can receive a complimentary second comprehensive search on a different trademark. And depending on the package you select, we can even issue you a full refund.

What if My Application Gets Rejected?

Under our Pro Package, if your first application is rejected AND we’re not successful in getting your trademark registered, your next one is 100% on us (including filing fees). Under our Max Package, you're entitled to a full refund if your trademark application is not successful.

What if When My Application Gets Accepted?

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

Are Filing Fees Included?

Applying for a trademark registration requires a filing fee per class. Filing fees are not included in the initial trademark package. If your trademark application only requires one class, we will collect the fee before submitting the application. If your trademark requires multiple classes, we will collect the first class’ fee before submitting the application. Then, after the trademark office reviews your application and allows us to add the additional classes, we will collect the fee for any additional class you opt to include.

What are the Advantages of an “Intent to Use” Application?

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

What if I'm Outside the United States?

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

Can I enforce my trademark rights when my application is pending?

It depends on the situation, but we generally recommend that you wait to enforce your trademark rights until you have secured the registration. Otherwise, there’s a chance that you may “tip off” the other brand into challenging your application or filing their own application. Effectively enforcing your trademark rights will require less time, effort, and money once your registration is secured.