VIRTUAL TRADEMARK CONSULTATION

Attorney Thomas is a trusted trademark lawyer for entrepreneurs across the entire United States. Clients call her "The Entrepreneurship Fairy Godmother" because she goes above and beyond to secure their brands and ensure a smooth, "worry-free" trademark experience.

Work with Attorney Thomas to get it done right the first time!

Skip the phone consultation and let Attorney Thomas walk you through the trademark process now! 

Watch your virtual trademark consultation below:

 

OUR TRADEMARK PACKAGE

  • Trademark Search and Registration

    • The trademark package includes:

      • Comprehensive trademark search, including

        • Federal trademark database

        • Web search

        • Social Media

        • Domains

      • Trademark search results memo

      • Assistance with gathering the required documentation

      • Trademark application

      • Correspondence with client

      • Correspondence with the trademark office

      • Serving as the Attorney of Record for your application to ensure smooth processing (approx. 8-12 months)

 

  • Fee Options

    • Option 1: Pay in Full Fee - $1,600 (includes filing fee for one class)

    • Option 2: Three Month Payment Plan - $1,800 (includes filing fee for one class)

      • First payment of $600 to start; Second payment of $600; Third payment of $600

      • Each payment due 30 days after the last

 

  • Potential Additional Filing Fees

    • Additional Classes: A class is a category of goods or services that you want to protect your trademark for (i.e. clothing). One class is included in the trademark service fee. If you want to secure additional classes, there is a filing fee of $300 per additional class.

    • Intent-To-Use Applications: If you want to secure your trademark for a product or service that you are not yet selling, we can do an Intent-to-Use application. There will be an additional filing fee of $100 per class when you have your evidence of use (i.e. a website screenshot where you sell the product/service). You will have 6 months to provide your evidence of use after your trademark application is accepted. If 6 months is not enough time, then we can file up to 5 extensions of 6 months each for a filing fee of $125 per class for each extension.

FREQUENTLY ASKED QUESTIONS

1) 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.




2) 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.




4) What happens if I don't get a tradmark 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!




5) 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.




6) 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.




3) Should I trademark my brand name AND logo? Or just one?


Ask yourself these questions: 1 - Would you care if someone else started using your brand name for the same or similar goods/services? 2 - 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.




8) 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)




9) Do I need to have an LLC (limited liability company) first?


While it is not required that you have an LLC 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!




7) 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 $300 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.





 
 
Get Started With Your
Federal Trademark Today!
Fill out the form below and we'll send you our proposal so Attorney Thomas can start the process.
Have you started selling or promoting the products/services yet?
Business assets, like trademarks, should be owned by your business to protect your limited liability. If you don't have an LLC yet, are you interested in learning more about my LLC service?

Questions? Email admin@daynathomaslaw.com or call 404-287-2374

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1100 Peachtree Street NE, Suite 250, Atlanta, GA 30309 

404.287.2374

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