What is a trademark and what does it protect?
A trademark is any word, name, symbol, or design, or any combination thereof, used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another and to indicate the source of the goods. (See 15 U.S.C. § 1127) This could be your logo, brand, tagline, etc.
Getting a Registered Trademark is for you if:
You have a product or service and a name, logo or tagline associated with it that you want protected from infringers.
You plan to start a business or product and want to protect the name, logo or tagline associated with it.
You are already making money from a product or service and want to make sure no one else steals your name to prevent brand confusion.
You are committed to building your empire and growing your brand.
THE PROCESS:
OUR ALL INCLUSIVE TRADEMARK SERVICE
extensive search & OPINION LETTER
Class determination, specimen creation, & application
office action resolve
publication & NOTICE OF ALLOWANCE
celebrate! Your mark is registered
The Process:
OUR ALL INCLUSIVE TRADEMARK SERVICE
EXTENSIVE SEARCH
The process begins with an extensive search to determine whether or not your name is available. This is more than just a google search or a knockout search on the USPTO website. We generate a report of over 1,000 pages and analyze it to determine your chances of getting your mark registered. You then will receive a letter from Alli giving her expert opinion on the likelihood of your mark getting filed and her recommendation on whether to move forward or not.
CLASS DETERMINATION + SPECIMEN CREATION
Next, Alli will do a class determination and specimen creation to include with the application which she will fill out and file.
OFFICE ACTION RESOLVE
Within 3-4 months an examining attorney will be assigned to your matter and will review the application and respond with any office actions. Office actions are complications, issues, or clarifications needed in regards to your mark that need to be addressed before your mark can move forward. These are handled by Alli as she will communicate with and respond to the examining attorney.
PUBLICATION PERIOD OF 30 DAYS
The next step is the publication period. This is when your mark is published for opposition, meaning that anyone who thinks they have rights to the name you are trying to trademark can petition to stop you from getting your mark registered. Although this isn’t common, and we try to avoid any opposition by completing the thorough search in step 1, it does occasionally happen.
CELEBRATE YOUR MARK IS REGISTERED
Once the 30 day publication period closes you will be issued a notice of allowance and your mark will be registered!
EXTENSIVE SEARCH & OPINION LETTER
The process begins with an extensive search to determine whether or not your name is available. This is more than just a google search or a knockout search on the USPTO website. We generate a report of over 1,000 pages and analyze it to determine your chances of getting your mark registered. You then will receive a letter from Alli giving her expert opinion on the likelihood of your mark getting filed and her recommendation on whether to move forward or not.
CLASS DETERMINATION, SPECIMEN CREATION & APPLICATION
Next, Alli will do a class determination and specimen creation to include with the application which she will fill out and file.
OFFICE ACTION RESOLVE
Within 3-4 months an examining attorney will be assigned to your matter and will review the application and respond with any office actions. Office actions are complications, issues, or clarifications needed in regards to your mark that need to be addressed before your mark can move forward. These are handled by Alli as she will communicate with and respond to the examining attorney.
PUBLICATION & NOTICE OF ALLOWANCE
The next step is the publication period. This is when your mark is published for opposition, meaning that anyone who thinks they have rights to the name you are trying to trademark can petition to stop you from getting your mark registered. Although this isn’t common, and we try to avoid any opposition by completing the thorough search in step 1, it does occasionally happen.
CELEBRATE! YOUR MARK IS REGISTERED
Once the 30 day publication period closes you will be issued a notice of allowance and your mark will be registered!
THE ENTIRE PROCESS is handled by Attorney Alli.
THE INVESTMENT FOR YOUR
CONCIERGE TRADEMARK SERVICE BEGINS AT $2800.
(federal filing fees for one class of goods/services is included, payment plans available)
FAQs
+ What are the Federal Filing fees and are they included in your packages?
Federal filing fees range from $250-$350 depending on your filing. These fees are for each class of goods/services you are filing in. As these are fees paid to the federal government, they are not included in the fees charged by Influencer Legal.
+ How long does it take?
The trademark process takes between 8-18 months. Once your application is filed it takes 4-5 months for an examining attorney to be assigned to your mark and the process will move along from there.
+ When is the right time to trademark?
The time to trademark was yesterday. The second best time is right now. With more businesses being started and more applications being filed with the USPTO than ever before, the chances of getting your mark registered is getting harder and harder. The sooner you can file your mark, the better.
+ Why do I need a trademark?
There are many reasons to have a trademark for your business, you can read more about the 10 most important reasons here but a trademark protects anyone else from using the same name or anything similar to yours. This is important to protect the brand and business you are building!
+ Why should I hire an attorney instead of doing it on my own?
The USPTO recommends hiring an attorney to file your trademark for you. The reason is there are many laws and rules regarding what is required to make your application acceptable and to ultimately get a registered trademark. Attorneys do this as their job full time and are experts in the field. If you want the best chance of getting your mark registered I highly recommend hiring an attorney to help you.
+ I’m not in South Carolina, can Alli still file my trademark for me?
YES! Trademarks are governed by federal law therefore you do not need to be in the same state as Alli to have her file your trademark.
More questions? Reach out to hello@influencerlegal.co or book a call now.
Already have a registered trademark?
JOIN THE NAME IT CLAIM IT™ CLUB!
What is the Name It Claim It Club™?
The Name It Claim It Club™ is for those that already have a registered trademark with the USPTO. It is a monthly membership where we monitor your mark against infringement.
The monthly membership includes:
Weekly monitoring and monthly reports on the status of your mark and any cases of infringement;
One (1) monthly cease and desist letter sent on your behalf; and
10% off any future trademark registration services.
Only $97/month
(Value: $500 +)