Protect Your Brand with Trademark Registration

Q: How long does federal trademark registration take?

A: Federal trademark registration through the USPTO typically takes 8 to 14 months from the filing date, assuming no significant issues arise. After you file, the USPTO examines the application and — if approved — publishes the mark for a 30-day opposition period before issuing registration. The timeline can extend if the USPTO issues an Office Action requiring a response, or if a third party opposes the mark during publication. Filing with an attorney who conducts a comprehensive search before submitting significantly reduces the likelihood of delays caused by conflicts or refusals.

Q: Do I need a trademark search before filing?
A: Yes — a professional trademark search is strongly recommended before you file any USPTO application, and we include one as a standard part of every trademark service we offer. Filing without a search creates real risk: the USPTO may reject your application for likelihood of confusion with an existing mark, you may waste filing fees on a mark that cannot be registered, and existing mark holders may send a cease and desist even if your application is approved. A comprehensive search covers the USPTO database, state registries, common law use, domains, and social media — not just a quick online lookup. If you are not yet ready to file but want to know whether your name is available, our Trademark Risk Assessment delivers a full search and written attorney opinion for $850.

Q: What is a trademark class?
A: The USPTO organizes all goods and services into 45 international classes — categories that determine where your trademark applies. For example, clothing falls under Class 25, software under Class 42, and legal services under Class 45. You must file in every class that covers your actual business activities, and USPTO fees apply per class. Filing in the wrong class — or missing a class — leaves gaps in your protection that competitors can exploit. As part of every trademark service we offer, we help you identify the correct classes before filing so your coverage actually matches your business.

Q: What happens if the USPTO issues an Office Action?
A: An Office Action is a formal written communication from the USPTO examiner identifying a legal issue with your application. There are two types. A non-substantive Office Action involves a routine request for clarification or a minor correction — such as amending the identification of goods and services — and we typically resolve these in 20 minutes or less as part of your service. A substantive Office Action involves a legal refusal, most commonly a likelihood of confusion with an existing registered mark or a finding that your mark is merely descriptive. Substantive responses require a formal legal argument, are more involved, and fall outside the standard scope of our services. If your application receives a substantive Office Action, we advise you immediately and provide a quote for the response. You have three months to respond to an Office Action, with a possible three-month extension available for a fee.

Q: What can be trademarked?
A: A trademark can be a word, phrase, slogan, logo, design, color, sound, or any combination of these that identifies your goods or services and distinguishes them from others in the marketplace. Common examples include business names, product names, taglines, logos, and brand characters. Not everything qualifies — purely descriptive terms, generic words, and marks that are confusingly similar to existing registered marks generally cannot be registered. The stronger and more distinctive your mark, the easier it is to register and enforce. If you are unsure whether your mark qualifies, a Trademark Risk Assessment gives you a written attorney opinion before you commit to filing.

Q: What is the difference between ™ and ®?
A: The ™ symbol indicates that you are claiming trademark rights in a name or mark — you may use it any time, even without federal registration, to signal your claim. The ® symbol, by contrast, may only be used after your trademark is officially registered with the USPTO. Using ® before registration is a federal violation. Once your trademark registers, you should begin using ® to put the public on notice of your federal rights and to strengthen your ability to enforce the mark.

Q: Does forming my business or registering my domain name protect my brand?
A: No — and this is one of the most common misconceptions founders have. Registering an LLC or corporation with the state gives you the right to operate under that name in Florida, but it does not create trademark rights or prevent others from using a similar name in other states or industries. Similarly, registering a domain name establishes your online address but grants no trademark protection. Only a federal trademark registration with the USPTO gives you nationwide legal rights to your brand name, the ability to sue for infringement in federal court, and the foundation to stop others from registering confusingly similar marks.

Q: What is the difference between a trademark, copyright, and patent?
A: These three types of intellectual property protect different things. A trademark protects brand identifiers — names, logos, slogans, and other marks that identify the source of goods or services. A copyright protects original creative works — writing, photography, music, software code, and other authored content — and arises automatically when a work is created, though registration strengthens your enforcement rights. A patent protects inventions and functional designs, granting the inventor the exclusive right to make, use, or sell the invention for a limited period. Most businesses need trademark protection at minimum. Lamar Legal handles trademark services; for copyright registration or patent matters, we can refer you to appropriate counsel.

Q: How much does it cost to register a trademark?
A: The total cost of trademark registration includes our flat attorney fee plus USPTO filing fees. Our services range from $850 for a standalone Trademark Risk Assessment to $1,850 per mark (plus USPTO fees) for our Federal Trademark Application service, and $3,500 plus USPTO fees for our IP Strategy & Trademark Bundle. USPTO filing fees are set by the federal government — currently $250 per class for TEAS Plus applications and $350 per class for TEAS Standard applications — and are paid in addition to our fee. We confirm current USPTO fees at intake since they are subject to change. Additional class searches and filings are available at add-on rates.

Q: Can I trademark a name that is already in use as a business name in another state?
A: Possibly, but it depends on several factors — including how long the other party has used the name, in what geographic area, in what industry, and whether they have any federal or state registrations. A business that has used a name in commerce for years may have common law trademark rights even without a federal registration. That is precisely why a comprehensive trademark search — covering the USPTO database, state registries, common law use, and business directories — is essential before you invest in filing. If a conflict exists, our written attorney opinion letter explains your options clearly so you can make an informed decision.

Q: Do I need a trademark if I already have a copyright?
A: These protections serve different purposes, so having one does not substitute for the other. A copyright protects the creative expression in your content — your website copy, logo artwork, photographs, or written materials. A trademark protects your brand identity — the name, logo, or slogan as a source identifier in the marketplace. Your logo, for example, may be protected by copyright as an artistic work and by trademark as a brand identifier — and both protections serve different functions. If brand protection is your goal, trademark registration is the appropriate tool.

Q: What happens after my trademark is registered?
A: Federal trademark registration is not permanent by default — you must maintain it. Between the fifth and sixth year after registration, you must file a Declaration of Use (Section 8) to confirm the mark remains in active use. Between the ninth and tenth year, you file a combined renewal (Section 8 and Section 9). After that, renewals occur every ten years. Failing to file these maintenance documents results in cancellation of your registration. We advise clients on upcoming maintenance deadlines and can handle renewal filings as a separate service.

Q: Which trademark service is right for me?
A: The right starting point depends on where you are in the process. If you have a name you are considering but have not committed to it yet, start with a Trademark Risk Assessment ($850) — it gives you a comprehensive search and written attorney opinion before you invest in filing. If you are ready to file and want attorney-led registration with monitoring through approval, our Federal Trademark Application ($1,850 + USPTO fees) is the standard path. If you are building a serious brand, want to search multiple marks, and need foundational IP agreements alongside your application, the IP Strategy & Trademark Bundle ($3,500 + USPTO fees) gives you a complete IP foundation. If you are unsure, a free 15-minute consultation is the right first step.