Trademark Questions, Answered

The ™ symbol can be used by anyone to indicate a claim of trademark rights, even without a federal registration. It provides no legal protection beyond common law rights in the geographic area where the mark is used. The ® symbol may only be used once a trademark is officially registered with the USPTO. It signals federal registration and provides significantly stronger legal protections, including nationwide priority rights, the ability to sue in federal court, and the right to use Customs and Border Protection to block infringing imports.

The USPTO uses an international classification system with 45 classes — 34 for goods (products) and 11 for services. When you register a trademark, you register it for specific classes. Your protection only covers the classes in which you're registered. For example, "Apple" is registered in electronics — not in every industry. Choosing the right classes is critical: too few leaves gaps in your protection; too many increases costs. Our attorneys help you identify the exact classes relevant to your business.

You can search the USPTO's free TESS (Trademark Electronic Search System) database for registered and pending federal trademarks. However, a USPTO search alone is insufficient — you also need to check common law trademarks (unregistered marks used in commerce), state trademark registers, domain names, social media handles, and business name registrations. Our comprehensive clearance search covers all these sources and includes an attorney analysis with a risk rating and recommendation, delivered within 24 hours.

The USPTO currently takes approximately 8–12 months to process a trademark application from filing to registration (assuming no significant issues arise). Here's a general timeline: Weeks 1–2: We complete your search and file your application. Months 3–6: USPTO assigns an examining attorney and reviews your application. Months 6–8: If approved, the mark is published in the Official Gazette for a 30-day opposition period. Months 8–12: If no opposition is filed and all requirements are met, your trademark is registered and a certificate is issued.

An Office Action is an official letter from a USPTO examining attorney raising objections to your trademark application. Common reasons include: likelihood of confusion with an existing mark, descriptiveness issues, or technical problems with the application. You have 3 months to respond (extendable to 6 months with a fee). Our attorneys analyse every Office Action, craft compelling legal arguments, and submit a thorough response on your behalf. Standard Office Action responses are included in our flat-fee service.

Filing means submitting your trademark application to the USPTO — it gives you a "pending" status and an official filing date (which establishes your priority). Registration occurs only after the USPTO examines your application, publishes it for opposition, and issues a registration certificate — typically 8–12 months after filing. During the pendency period, you can use the ™ symbol. Once registered, you may use the ® symbol and enjoy full federal trademark protections.

A single trademark application covers one mark — either your name/wordmark OR your logo/design mark, not both together (unless you want to protect the combined stylised version as one composite mark). For maximum protection, we typically recommend filing two separate applications: one for your brand name (wordmark) and one for your logo. The wordmark protects the words themselves regardless of style or font, while the logo application protects that specific design. Our attorneys will advise the optimal filing strategy for your situation.

Total trademark registration costs consist of two components: Our attorney fees start from $299 per application. USPTO government filing fees are $250–$350 per class of goods/services (depending on the filing basis). So for a single-class trademark, your total cost starts around $549–$649. Multi-class applications cost more per additional class. We quote your exact total cost upfront — no surprises. Contact us for a personalised quote based on your specific situation.

Absolutely not. We pride ourselves on transparent, flat-fee pricing. Everything is quoted upfront before you pay a single dollar. Standard Office Action responses are included in our fee. The only additional costs that could arise are: government extension request fees ($125/class), complex non-standard Office Action responses (quoted separately if applicable), or post-registration maintenance filing fees charged by the USPTO. We will always notify you in advance before any additional cost is incurred.

US citizens are legally permitted to file trademark applications without an attorney. However, the USPTO strongly recommends working with a licensed trademark attorney. Studies show that attorney-filed applications have significantly higher approval rates — our clients enjoy a 98%+ approval rate. Common DIY mistakes include selecting wrong classes, improper specimen submission, and inadequate responses to Office Actions — all of which can result in application abandonment and loss of filing fees. Professional guidance is a smart investment.

With a registered trademark, you have powerful legal tools at your disposal: Cease and desist letters — our first step, often resolving matters without litigation. USPTO opposition or cancellation proceedings — challenging conflicting marks at the trademark office. Federal court litigation — seeking injunctions, damages, and attorney's fees. Customs recordation — blocking infringing imports at US ports of entry. Marketplace takedowns — removing infringing listings from Amazon, eBay, and social media platforms. Our IP legal team handles all of these enforcement actions.

If your application is refused, you have several options depending on the grounds: For likelihood of confusion refusals, we can argue distinctions, submit consent agreements, or appeal. For descriptiveness refusals, we can submit evidence of acquired distinctiveness or argue inherent distinctiveness. All standard Office Action responses are included in our service. If an appeal to the Trademark Trial and Appeal Board (TTAB) is necessary, we'll advise you on the feasibility and costs before proceeding.

No — trademark rights are territorial. A US federal registration protects your mark only within the United States. If you sell products internationally, manufacture goods abroad, or plan to expand globally, you'll need separate trademark registrations in those countries. The Madrid Protocol — administered by WIPO — offers a streamlined way to file in 130+ member countries through a single application. We manage international trademark filings across 150+ jurisdictions and can design a global IP strategy tailored to your expansion plans.

The Madrid Protocol is an international treaty that allows trademark owners to seek protection in multiple countries through a single application filed in their home country. Using your US trademark registration as a base, you can designate up to 130+ member countries in one application — rather than filing separately in each country. This can significantly reduce costs and administrative complexity when seeking global brand protection. Our international trademark team coordinates Madrid filings and country-specific applications worldwide.