What is a trademark?

A trademark is a word, phrase, symbol, design, or combination of these things that identifies your goods or services. In other words, it is a valuable intellectual property asset and a form of legal protection against copycats

Why do I need a trademark?

There are many reasons why you need a trademark, but the most important is the legal protection and ownership it provides you as a business owner. Without a trademark, the names of your brand, services, products, etc., are subject to being used by other businesses, which can cause confusion among consumers and inhibit the growth of your business. What’s the point in putting all the time and effort into building a brand you don’t even own? 

Do I need more than one trademark?

Yes! If you think about the number of unique names, words, and design elements you use to promote your business and sell your offerings, you could probably come up with a pretty long list of products, services, etc. In order to fully protect and own your brand, most businesses require multiple trademarks in multiple categories to ensure their intellectual property isn’t lost to copycats or infringement suits. You don’t have to file everything at once, but keep in mind that the sooner you file, the better. 

What can I trademark?

Anything that serves as a brand identifier for your business! For example, your brand name, logo, slogan, products, courses, podcasts, memberships, events, stores, etc. But don’t worry, we will help you identify the aspects of your brand that would benefit from becoming protected through the use of a trademark. 

Is a trademark tax deductible?

Yes! All fees associated with filing, maintaining, and enforcing your trademark are considered deductible business expenses. In other words, you can build your brand assets while decreasing your tax bill! 

What if I'm based in a different state?

As a national law firm, we serve businesses in all 50 states. But we don't stop there! We also help non-US citizens get US trademark rights.

What if I would rather DIY the trademark process?

If budget constraints are a concern, we created the Asset Protection Program (APP) as a way to guide you through the process of trademark registration. Keep in mind that the USPTO has rigid and finicky standards for filing your mark. So if you have any concerns about getting your mark filed correctly and as soon as possible, we strongly encourage you to work directly with our legal team as a client. 

How long does the trademark process take?

If budget constraints are a concern, we created the Asset Protection Program (APP) as a way to guide you through the process of trademark registration. Keep in mind that the USPTO has rigid and finicky standards for filing your mark. So if you have any concerns about getting your mark filed correctly and as soon as possible, we strongly encourage you to work directly with our legal team as a client. 

What if my brand name is already taken?

Unfortunately, this scenario does happen. Especially if you launched a brand before running a clearance check against your desired name. However, we’ve been down this road many times and can offer you support in generating a strong name that you can actually own.

What if I haven't launched yet?

Filing your trademark BEFORE you launch is the best time to ensure your brand is protected. By filing prior to launch, you can go to market with the confidence and peace of mind that your intellectual property is fully protected from the get-go.

Is there a difference between trademarking my logo and the name of my brand?

Yes! The difference lies in the type of trademark you will file - a “word mark” vs a “design mark”. A word mark refers to the name of your brand, whereas a design mark refers to your logo. It’s important to have both, but as a general rule, we suggest starting with your word mark (aka your brand name) since design elements such as logos typically evolve over time.

What happens to my trademark if I expand my business?

Once you own a trademark, you will forever own that mark so long as you take the necessary steps to maintain ownership. However, as your brand expands, so does your portfolio of intellectual property, indicating the need to file more trademarks so that your brand continues to be fully protected as you scale.