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The First Time
GET YOUR TRADEMARK DONE RIGHT
What you can trademark
What your trademark covers & protects
The best time to get a trademark
Risks of not getting a trademark
The trademark process and timeline
Choosing trademark classes
Requirements for trademark registration
100% MONEY-BACK GUARANTEE OPTION
You areYour Brand
IT'S TIME TO PROTECT IT
You did it! You made the one decision that most struggle with. You committed to bringing your vision, business, and brand to life.
I’m sure you want to create a life that allows you to spend more time with your family, pursue your passions, or simply have greater flexibility to do more of what you love…
Whatever your motivation-–you are doing it, and it’s a BIG deal. So now, it’s time for us to protect what you’re building.
I STILL REMEMBER...
...the feeling I had when I launched this law firm. I was determined to reach my fullest potential and blaze the trail of entrepreneurship (while my colleagues went on to pursue corporate jobs).
But you know what, starting this law firm and investing in myself was the best decision I’ve ever made, because it allows me to follow my true calling to educate and serve entrepreneurs like YOU.
I know just how important it is to protect your brand. I’m talking about trademarking your brand names, logos, and slogans, which all represent you, because you are your brand!
I hired Dayna to do a trademark for my brand and she created a seamless experience. She not only explained the process each step of the way, her team was prompt and patient, her fees were reasonable. I didn't have any issues and pretty much was able to take a hands off approach. My trademark was filed properly and went through and I'll definitely be using her for future trademarks.
WE MAKE TRADEMARKING YOUR BRAND EASY
Whether you need to protect a brand that you just came up with or have an established brand that you haven’t quite gotten around to protecting, the process of trademarking is absolutely necessary.
Without us on your team, the process of protecting your brand can be overwhelming. You may find yourself asking questions like, “Should I trademark my name or my logo first?” or “Does this need to be copyrighted?”
With so little information about how to start, you feel confused and a little on edge. You definitely don’t want to waste money starting the trademark process and end up with a brand that’s not really protected, right?
DOES THIS SOUND LIKE YOU?
You’ve considered self-help online services (*cough* Legal Zoom *cough*)
where their terms and conditions explicitly state that they do not “review your answers for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation.”––So basically, they’re not qualified enough to give you legal advice. NEXT!
You’ve tried to Google your way through the trademark process.
And then you find yourself running into several issues: “What’s a specimen? What’s a drawing? What class should I file under? Is my mark ‘confusingly similar’ to another brand? How do I respond to this Office Action? What’s a 2(d) refusal?” Also, once your application is submitted, it’s reviewed by a USPTO attorney who will use legal case law to scrutinize your application. The trademark process is more technical than it seems. The USPTO doesn’t give refunds, so why waste your money *hoping* you did it right? (I’m a beast at defending my clients’ applications - *toot toot*)
SECURE THE BRAND.
SECURE THE BAG!
By filing your trademark now, you get brand protection backed by the federal government:
Federal trademarks provide legal protection for your brand in the entire United States, and helps guard against counterfeiting and fraud.
Once you register your trademark, you can use the ® trademark registration symbol which tells others to BACK UP off your brand!
With your registered trademark, you can have super strong cease and desist letters (oh yeah, download one here for free) to deter others from profiting from your brand.
You don’t have to look over your shoulder about whether your investment in your brand is protected or if you run the risk of receiving a cease and desist letter.
Trademarks deter others from starting brands with the same/similar name as yours.
You can license your trademark for an additional stream of revenue.
Trademarks last forever, as long as you are still using it and file your maintenance documents.
IF YOU OFFER A PRODUCT OR SERVICE, YOU NEED A TRADEMARK
It breaks my heart when I talk to entrepreneurs that decided not to file their trademark in the early stages of business, and then someone else trademarks it before them. At that point, you’ll have two options:
(a) try to negotiate with the other person, or
(b) file a petition to cancel their trademark.
Neither is guaranteed to be successful, and the petition is costly and can take up to two years for a final decision.
Don’t let that be you!
100% MONEY-BACK GUARANTEE PROMISE
WITH THE GUARANTEE PLAN
If your brand is not available to trademark, then we will refund 100% of any and all sums paid to us or keep searching additional names/logos for free until we find one you can trademark.
PLUS, if we file and you don’t get a registration (I highly doubt that will happen, but just to put your mind and wallet at ease), we will refund 100% of any and all sums paid to us.
That’s how confident I am in our skills and client satisfaction! WE. DO. THIS.
WE DON'T SELL DREAMS...
We help make Dreams,Sell!
The Gold Plan
The Guarantee Plan
Intake strategy call
Comprehensive trademark search - USPTO database, online sources, social media, domain names
Customized search results memo and analysis
Client review call to discuss search results
100% refund or free additional searches if first choice is not available
Preparing and filing application with expert specimen and class ID selection
Filing fee for one class of goods/service
Attorney of record for full trademark process (8-12+ months)
Unlimited non-substantive Office Action responses to revise application as required
Unlimited substantive Office Action responses to defend your application if "confusingly similar"
100% refund if your trademark is not registered
100% Money-back Guarantee option
Monthly payment plan for everyone
One-on-one virtual consultations included
Customized filing strategy
A powerful team of over 45 years of trademark experience collectively!
The Guarantee Plan
The Gold Plan
Prefer to skip the call and start right now? Click here to get your proposal and first payment invoice to start today!
THE GUARANTEE PLAN IS OUR MOST POPULAR PLAN
With The Guarantee Plan, there’s literally NO RISK to you! That’s right! We’ll even respond to any and all office actions, including defending your application for likelihood of confusion (if the trademark examiner thinks your mark is too similar to another).
Again, with The Guarantee Plan, either your trademark is registered or you will receive a full refund. No questions asked.
What is a trademark?A trademark is any word, name, symbol, phrase, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services.
Do I need a trademark?If you are selling or promoting (or are preparing to sell or promote) a product or service under a certain brand name or logo, then yes, you should get a trademark. 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 AND logo? Or just one?Ask yourself these questions: Would you care if someone else started using your brand name for the same or similar goods/services? Would you care if someone else started using your logo for the same or similar goods/services? If you answered yes to both, then you should get a trademark for both! A trademark for your brand name and for your logo are two separate applications. So if you need both, that will be two trademark services.
What happens if I don't get a trademark for my brand?If you don't get a federal trademark for your brand, then you run the risk of someone else getting a federal trademark first and preventing you from using the name. If someone else gets a trademark for the same or similar name that you want to use, and you haven't started selling or promoting products/services under your brand name yet, then you won't be able to use that name becuase it will already be trademarked. If you have already started using the brand, but someone else registers the trademark before you, then you will not be able to expand your business outside of your geographic location. The company with the federal trademark will have exclusive rights to use the brand in the entire United States. If you start selling outside of your geographic location while someone else has a federal trademark for the same or similar brand (for similar products/services), then you may get a cease and desist letter, and you expose your business (or yourself personally) to liability and litigation. Let me help you avoid that!
When is the right time to get a trademark?As early in your business development as possible! It's best for us to start the trademark process when you are first deciding on a brand name/logo so that I can do a comprehensive trademark search to make sure your brand name/logo is available for you to use and own. If you start using a brand that someone else already has a trademark for, then you may get a cease and desist letter and will have to completely rebrand to avoid litigation. What a waste! However, if you get a trademark before you start using the brand (or in the early stages), then I can make sure the name is available for you to use and we can file your trademark application once it's cleared - giving you peace of mind as you continue to invest in your business and brand.
I haven't started using my brand name/logo yet? Can I still trademark it?Yes! We can file an Intent-To-Use (ITU) trademark application. With an ITU application, we do not have to submit evidence of use with the initial application filing. A few months after we file, we will get a "Notice of Allowance," which means it's time to submit your evidence of use. We will have six months to provide the evidence of use. If six months is not enough time, we can get up to five extensions of six months each. There will be a $100 filing fee per class when you have your evidence of use (i.e. a website screenshot where you sell the merch), and each extension is a filing fee of $125 per class.
What is a trademark "class" and how many do I need?"A "class" is a category of goods or services that you want to protect your trademark for. Different goods and services fall under different classes; and similar goods and services may fall under the same class. For example: T-shirts and hats fall under the same class. However, t-shirts and coaching services fall under different classes. One class is included in my trademark package. If you need more than one class, there is an additional filing fee of $350 for each additional class. You will need one type of evidence of use for each class in your trademark application. See question below for proper evidence of use.
What would be proper "evidence of use" for my trademark application?"Good question! If you are offering a service, then your evidence of use can be any of the following that has the name/logo/phrase that you want to trademark on it promoting your services: A website screenshot A Facebook page A business card A flyer A pamphlet If you are selling goods, then your evidence of use can be any of the following with the name/logo/phrase on it: A photo of the actual goods A screenshot of the website where you sell the goods (with price and checkout button) The packaging of the goods A tag on the goods (required for clothing if you can't show the clothing for sale online)
Do I need to have an LLC first?While it is not required that you have an LLC (Limited Liability Company) before you file a trademark, I recommend that you do. Keeping your business assets and liabilities in your LLC's name can help to strengthen your liability protection. 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. Also, since trademarks are assets, once your business has a trademark, it instantly goes up in value! Let us know during your intake call if you want our help with forming your LLC!
MORE RAVING CLIENTS
Dayna truly goes above and beyond her call of duty. It's hard to find professionals in the field of law who truly enjoy what they do and spend time helping others get where they want to go. During my experience with Dayna, I honestly believed she had my best interest at heart.
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