FAQs ABOUT TRADEMARK (TM):When is the best time to get a Trademark?
FAQs ABOUT TRADEMARK (TM):
Now. You want to ensure that you build your brand on a solid legal foundation before you invest time
and money on something that someone else has a registered trademark for. A trademark gives you
exclusive rights to use that brand in connection your products and services. Without a trademark,
someone else can start using your brand for the same products/services, which can confuse consumers
about which goods/services are actually yours.
Should I trademark my brand name or logo first?
It depends. Ponder this (1) if you want someone else using your brand name for the same or similar
goods/services and (2) if you want someone else using your logo for the same or similar goods/services.
If you determined that you need full protection for the brand name and logo, then you should get a
trademark for both! A trademark for your brand name and for your logo are two separate applications.
What is a Servicemark/Trademark?
A service mark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of a
service rather than goods. A trademark is a word, phrase, symbol, and/or design that identifies and
distinguishes the source of the goods of one party from those of others.
What can I Trademark?
Name of Coaching Program
Name of Digital Products
Brand Slogans, Tagline & Catch phrase
Name of your Signature Services
Name of your Blog, Podcast or Radio Show
Name of Haircare Products
Name of Skincare Products
Name of Digital Products
Your Personal Brand Name
Name of your Merchandise
Name of your Courses
Title of book series
What are the benefits of securing a Federal Trademark?
Having a Registered Federal Trademark allows your brand to be the only brand using that mark in
commerce. Once it's registered you own the mark and have the power to stop others from using this
mark through lawsuits or other legal recourse. Plus, you can use the ® symbol next to your mark, which
indicates that the mark is registered with the USPTO.
Is it really worth the money now to file a Trademark?
You run the risk of potentially losing your brand for everyday without a secured Federal Trademark.
Cost of NOT Trademarking Your Brand:
Cease and Desist letter - $1,600
Fines and Levies - $2,500
Liability Costs - $6,000
Litigation in Court - $15,000
Loss of your Trademark - PRICELESS
Do I need to have an established business entity to obtain a trademark?
While it is not required that you have an LLC before you file a trademark, I recommend that you do to
strengthen your liability protection and overall value of your business. If the trademark is owned by you
as an individual, instead of being owned by your business, then if there are ever any liability issues with
your business or brand, it may be against you personally.
FAQs ABOUT THE TRADEMARK APPLICATION:What does the Application process look like?
FAQs ABOUT THE TRADEMARK APPLICATION:
There are two different types of Applications. You are eligible for the Regular Application if you have
evidence that you are already using the mark to sell services/products. If that doesn't apply then we can
file the Intent-To-Use Application so you can secure your brand now, but you don't have to prove evidence
of use at the time of filing the Application. After the Application is received (about 3 months to get to an
examiner) then you have 6 months to provide the needed evidence plus you can get up to 5 extensions
(cost for each extension) of 6 months each.
Is my brand protected as soon as I submit an Application?
Yes! The protection date starts on the date of application. Once the application is filed you can put a TM
symbol next to your mark for goods or a SM symbol next to your mark for services, which will put others
on notice that you are in the process of obtaining a registration for this mark.
How long does the overall Application process take?
Anywhere from 8-12 months (but possibly longer)
Do I have to work with an attorney in the same state my business is in?
No, our firm can handle filing the application in any state based on Federal laws.
What is a Trademark Class?
A category of goods/services that you want to protect your trademark for. Different products/services are
filed under different classes.
This is a lot for me to do on my own, can your firm handle this for me?
Absolutely! We can handle the entire Trademark Application process for you, so it gets done the right
way - the first time.