How long does the process take?
It’s helpful to break down the trademark process into two steps:
First, the pre-application steps:
When you sign up with Indie Law, our goal is to complete a comprehensive search and share those results with you
within 1 week.
After you review those results and give us the green light to continue, we hope to prepare and submit your trademark application
within 1 week.
In other words, you can expect to have your application filed within 2 weeks from when you hire Indie Law.
Second, the post-application steps:
After your application is filed, it is processed and reviewed by the trademark office. This can take anywhere from
6-15 months or longer. On average, our applications are approved in about 7 months.
What is a trademark? Why do they matter?
A trademark is form of intellectual property protection that applies to words, design marks (commonly known as logos), or symbols. These can be a business name, logo, slogan, product line, podcast, or other “source identifier” for your business.
Trademarks are registered through the application process with the United States Patent and Trademark Office. You can recognize a trademark by the tiny "R" or "TM" symbol next to a mark, usually located on the lower right. The use of "TM" means that the trademark has not yet been fully registered with the United States Patent and Trademark Office. The use of the "R" symbol indicates that the owner of the mark has a successful trademark registration. Some examples of famous trademarks are Nike, Chanel, UPS, and Coca-Cola.
The purpose of trademarks is to prevent customer confusion. (How crazy would it be if there were two Starbucks-es and you didn’t know which business you were getting a latte from?) Think of trademarks as your brand — when your customers see X, they know it’s coming from your business.
Trademarks are critical for growing small businesses. These laws are what allow you to call “dibs” on your brand elements so that (1) a competitor won’t copy your brand and (2) you don’t have to worry about another business telling you that you have to change your brand.
What are the benefits of a U.S. registered trademark?
Trademarks give you exclusive rights to your brand. Under U.S. law, you automatically have “common law” rights to your brand the moment you conduct business under that brand name. But those automatic trademark rights are pretty weak. They only exclude others in your region from using that trademark or something similar.
This is why a U.S. trademark registration is so powerful.
With a U.S. trademark registration in place, you get exclusive rights nationwide to your brand.
Let’s be real. If you’re doing business these days, you have customers from all over the country. Without nation-wide trademark rights, you’re conducting business on very shaky ground.
Your Brand's Law Firm helps business owners strategize and apply for U.S. trademark registrations.
Getting your brand protected is a crucial part of conducting business. Trademark registrations are becoming increasingly important as the number of entrepreneurs continue to increase daily.
Why would I want a trademark attorney's help?
U.S. trademark laws are complicated. Lots of business owners are conducting businesses with their brands exposed without realizing it.
For most entrepreneurs, your brand is one of your biggest assets. You want to make sure you protect your trademarks, but you also want to have the confidence and peace of mind that you understand trademark laws well enough to be properly protecting these valuable assets.
Applying for a U.S. trademark registration is complicated. Hundreds of thousands of applications get filed a year, while over half get rejected without the help of an attorney.
While it is possible to file such an application on your own or through an “affordable” form-filling service, these options don’t provide you with an overall strategy and understanding of how trademarks work and what is in the best interest of your business.
Not having trademark registrations in place to protect your brand is just bad business. But having those protections in place and not knowing how to leverage that power or what your limitations are — that’s not a good place to be in either.
When you work with a trademark attorney, you have the following advantages:
You will better understand how strong or weak your existing trademark rights are
You will be aware before you apply of any significant risks that could cause your application to be rejected or limited.
You will have a clearer sense of what kinds of trademarks you own that your should prioritize
You will save a lot of time trying to figure out these laws and processes
You will have the peace of mind knowing that an attorney is communicating with the trademark office on your behalf
How can Your Brand's Law Firm help me?
Your Brand's Law Firm has several options available to help you protect your brand and secure powerful trademark rights!
U.S. Trademark Application Packages
The Your Brand's Law Firm can apply for a U.S. trademark registration on your behalf. We will conduct a comprehensive search of the trademark database, prepare and submit the application on your behalf, and represent your business
throughout the entire application process.
We offer payment plans as well as an option to assist you with an LLC formation if you would like to form a limited liability company before applying for a trademark registration.
Search and Monitoring Packages
If you aren’t ready to apply for a U.S. trademark registration yet, you should still be closely monitoring the federal trademark database to make sure that no one attempts to claim a trademark that is similar to yours.
And if you have a registration in place, you also have a duty to watch that database and enforce your rights or else you risk losing these strong trademark protections.
If you are interested in any of these services or would like to speak with an attorney for advice about trademarks or business needs and which services we recommend, you can
click here to schedule your FREE discovery call directly with trademark attorney Brittany Thompson, Esq.
I am not located in Georgia. Can you still assist me in another state?
Yes. Unlike many other areas of law which are state-specific, trademarks and copyrights are protected under federal law. This means that our firm can assist you and your business in any state. Many of our clients are located outside of Georgia and we communicate with them effectively through email, phone, and sometimes even Skype.
What is a copyright?
A copyright is a form of intellectual property protection that applies to original works of authorship such as books, songs, movies, photographs, and computer software. Copyright owners have six exclusive rights in relation to their copyrighted work. These include the right to reproduce the work, prepare derivative works, distribute copies of the work, perform the work publicly (as applicable), display the work publicly (as applicable), and publicly perform the work by means of digital audio transmission (as applicable). Copyrights are registered through the application process with the United States Copyright Office.
You can recognize a copyright by the tiny "C" symbol located somewhere on the work of authorship. Copyright protection begins the moment the work is "fixed in a tangible medium", which means it was written, recorded, videotaped, etc. Copyright registration with the United States Copyright Office offers additional protections beyond the rights the author has by simply creating the work.
What is a patent?
A patent is a form of intellectual property protection that applies to inventions. Ownership of a patent registration provides the inventor the right to exclude anyone else from making, using, offering for sale, or selling the invention. The inventor also has the right to exclude others from importing the invention into the United States for a limited time in exchange for public disclosure of the invention when the patent is granted. Patents are registered through the application process with the United States Patent and Trademark Office.