Q: What is a trademark?

A: A trademark is the words and logos that identify the source of your products and/or services.  Examples of trademarks include your brand name, logo, slogan, course name, stage/artist name, podcast title, and signature event title.

 

Q: Why do I need a trademark?

A: Without a federal trademark, your brand is for the streets.  In other words, you leave your brand name open and available for someone to steal and you leave open the possibility that someone will file the trademark application before you.

​

Q: I live in [Insert State Here].  Can you still file my trademark application?

A: Yes!  Because trademarks are based on federal law, my office can work with trademark clients no matter where they are located.

 

Q: Do I need a trademark attorney to file my trademark application?

A: No, you are able to file on your own, however, applications filed by trademark attorneys are 50% more likely to be successful.  This is because over 60% of trademark applications receive initial refusals or Office Actions from the USPTO.

​

Q: I haven't launched my business or started using my brand name yet.  Can I still file a trademark application?

A: Yes, you can still file a trademark application.  If you are not using the mark yet, we can file an Intent-To-Use or 1B application.  Approximately 1 year into the application process, we will receive a Notice of Allowance giving us 6 months to file a Statement of Use (proof that you are using the brand name).  If you are not ready to show proof of use, we can request up to 5 additional extensions of 6 months each to file a Statement of Use.

​

Q: Do I need an LLC before filing a trademark application?

A: No.  You do not need an LLC prior to filing a trademark application, however, it is best to keep all of your business assets (including your trademark) in your business's name.

​

Q: What's the difference between an LLC and a trademark?

A: An LLC is a business entity and gives you permission to do business within your state.  A trademark protects the words and logos that identify the source your products and/or services, for example: Brand name, logo, slogan, course name, stage/artist name, podcast title, and signature event title.  

​

Q: What's the difference between a copyright and a trademark?

A: Copyright law protects creative works of authorship, for example: Books, lyrics, music, poems, course materials, photos, and videos.  Trademark law protects the words and logos that identify the source your products and/or services, for example: Brand name, logo, slogan, course name, stage/artist name, podcast title, and signature event title.

​

Q: When is the best time to file a trademark application?

A: As soon as possible! Trademark applications are reviewed in the order that they are filed, which means, if someone else files before you, their application will be processed first.

​

Q: Is my business/brand too small for a trademark?

A: No. Your business does not need to be of a particular size or making a certain amount of money in order to get a trademark.

​

Q: Should I trademark my name or my logo?

You should protect what you don't want others to steal/copy.  Keep in mind that if you would like to protect both, that will require two separate trademark applications.

 

Q: I received an Office Action on my trademark application.  Can you help me?

A: We may be able to help, however, there is a strict time frame for us to do so.  Please click the SPEAK WITH US button and schedule a Trademark Discovery Call so that we can determine whether we can help.

​

Q: I received a Notice of Abandonment on my trademark application.  Can you help me with this?

A: We may be able to help, however, there is a strict time frame for us to do so.  Please click the SPEAK WITH US button and schedule a Trademark Discovery Call so that we can determine whether we can help.

 

​