An Essential Guide to the Trademark Application Process

by Richard Rimer | Jan 28, 2025 | US Registration

Would your company like to register a business name, logo, or slogan? If so, you must work through the trademark application process.

The U.S. Patent and Trademark Office (USPTO) makes this process seem relatively simple. Still, you should know what to expect before starting.

This guide features the steps you must take to secure a trademark.

Step 1: Make Sure a Trademark Is the Right Option

Trademarks are often lumped into the same category as patents and copyrights. Although they’re all designed to protect companies, they do so in different ways.

Patents, for example, protect inventions, while copyrights protect artistic, literary, and musical works. Trademarks protect business names, logos, and other marks used on products and services.

Before doing anything else, be sure a trademark is the right choice.

Step 2: Prepare To Apply for a Trademark Registration

If you know a trademark is what your company needs, you might be tempted to dive right into filling out a USPTO application. However, you must lay the proper groundwork.

Preparing to apply for a trademark involves:

Deciding which mark to trademark
Choosing the format for a mark (standard character mark, stylized mark, or sound mark)
Identifying which products or services will carry a mark
Conducting a trademark search

Consider hiring a trademark attorney, too. They will make the trademark application process smoother, and far more likely to be successful.

Step 3: Submit a Trademark Application

To submit a trademark application, you must create a USPTO.gov account. This will provide access to the Trademark Electronic Application System (TEAS).

Use it to file your trademark application online. You must pay a filing fee when submitting it.

Step 4: Begin Working With a USPTO Examining Attorney

The USPTO will review your trademark application to ensure it meets the minimum filing requirements. The agency will then pass it to an examining attorney to analyze it.

This attorney will:

Ensure your application complies with trademark laws and regulations
Search for similar marks that could cause future trademark conflicts
Scrutinize your application and mark further

If this attorney has reservations about awarding your company a trademark, they will send you a letter called an office action to explain their decision. They will also allow you or your lawyer to respond within three months. More than 85% of applications filed receive office actions.

Step 5: Find Out Whether a Trademark Application Is Approved

At the end of the trademark application process, you will find whether your application has officially been approved or denied.

If approved, your trademark will be published in the Official Gazette, the official journal of the USPTO. Other parties will have 30 days to oppose the approval of your trademark application if they feel it could negatively impact them.

From there, you will receive either a trademark registration certificate or a Notice of Allowance from the USPTO. To keep your trademark active, you must follow maintenance requirements, such as filing renewal forms.

Understanding the trademark application process

Need Help Navigating the Trademark Application Process?

The trademark application process can lead to confusion. It typically takes 12 to 18 months to complete.If you need help with the process, Initiating Protection Law Group, LLC, can help. Contact us at 678-965-3268 to begin working with an experienced trademark attorney.

Steps To Take Before Filing Your Trademark Application

by Richard Rimer | Jan 17, 2025 | US Registration

The U.S. Patent and Trademark Office makes it relatively easy to apply for a trademark registration these days. You can do it right online after creating an account on USPTO.gov.

However, to improve its chances of approval, your company should take certain steps before filing a trademark application. Learn more about them below.

Decide What Trademark You Wish To Register

Your company can register any number of things, including business names, logos, slogans, and more. Before filing your trademark application, you must decide what you want to register. You may also want to improve a mark before putting in your application.

If you decide to change your business name or tinker with your logo midway through the trademark application process, you might be forced to restart it.

Conduct a Comprehensive Trademark Search

You might not think there is any chance another company is using a similar business name, logo, or slogan to the one you wish to register, but double-check to ensure this is the case anyway.

Conducting a trademark search will see to it that there aren’t any existing trademarks that will create conflicts for your company. To avoid them, you may need to make changes to a mark before filing your trademark application.

Land on the Right Filing Basis

Selecting the proper filing basis for a trademark is crucial.

Your filing basis for a trademark should be “use in commerce” if you’re already using a mark as part of your company’s operations. Otherwise, it should be “intent to use” if you plan to start using it in the future. In some cases you may need to use both filing basis.

Choose the Appropriate Trademark Class

The USPTO utilizes various trademark classes to categorize the goods or services sold under the trademark. Some of these trademark classes are as follows:

Class 3 for cosmetic and cleaning products
Class 5 for pharmaceutical products
Class 12 for automobile products
Class 14 for precious metal products
Class 25 for advertising products
Class 35 for retail sale services

Learn more about the different trademark classes and choose the appropriate goods and services classification.

Choose A Trademark Class and Complete Paperwork

Put Together the Necessary Documentation

You will need to submit important documentation when filing a trademark application. For instance, you must include information about your business.

You may also need to complete a specimen submission and provide the USPTO with samples of how you plan to use a trademark. Doing this before using the TEAS (Trademark Electronic Application System) to file an application is a great idea.

Contact an Attorney To Help With Filing Your Trademark Application

Companies aren’t legally required to hire trademark attorneys when filing applications. However, you should consider bringing one on board when filing your trademark application.

A trademark attorney will assist you in completing your application. They will also be there to file an office action response if a USPTO examining attorney sends an office action after determining there are issues with your application. This happens more than 85% of the time!Initiating Protection Law Group, LLC, will set you up with a trusted trademark attorney, making it easier to prepare to file a trademark application. Call us at 678-965-3268 to hear more about how we will help throughout the process.

What Is a Brand Health Check, and Why Does Your Business Need One?

by Richard Rimer | Dec 24, 2024 | Brand Protection 101, US Registration

Your business name and brand are more than just identifiers—they are valuable assets that can make or break your company. While a powerful brand helps customers find you, it also carries legal risks. Without proper protection, your brand could face legal challenges, causing disruptions, financial losses, or even business closure.

At Initiating Protection Law Group, we offer a Brand Health Check to help businesses in Marietta and the Metro Atlanta area understand and protect their brands. This service identifies potential legal risks, strengthen brand rights, and provide actionable steps to safeguard your company’s future.

Why Your Business Needs a Brand Health Check

Many small business owners assume that if they’ve been operating under a name for years without issue, they are safe. However, trademark laws don’t work that way. Without a formal trademark, another business could register a similar name, claim rights over it, and force you to stop growing your brand. Imagine the cost of rebranding, redesigning your logo, and rebuilding customer trust—all because of a preventable legal issue.

Some businesses unintentionally infringe on existing trademarks, even if they were unaware of them. Infringement lawsuits can cost tens of thousands of dollars and result in court-ordered name changes, fines, or loss of business. A Brand Health Check identifies these risks early, allowing business owners to take protective measures before they become expensive problems.

What’s Included in a Brand Health Check

For just $500, our Brand Health Check provides businesses with an easy-to-read report that evaluates the strength and security of their brand. This legal search process includes:

Risk Assessment

We analyze your business name, logo, and other brand elements to determine whether they are legally protected or at risk. If another business has already registered a similar name or trademark, you could face potential legal disputes.

Our risk assessment examines:

Whether your business name conflicts with any registered trademarks
If your domain name and online presence are at risk of infringement claims
The likelihood of facing legal action from competitors

2. Actionable Legal Steps

If risks are identified, we provide clear guidance on what you can do to secure your brand. This may include trademark registration, modifications to your branding strategy, or other legal protections to ensure long-term security.

Some of the key actions we may recommend include:

Registering your brand with the United States Patent and Trademark Office (USPTO)
Modifying your brand elements to strengthen distinctiveness
Securing domain names and social media handles to prevent brand dilution
Establishing clear branding guidelines to avoid confusion in the marketplace

3. Brand Strength Evaluation

We assess how well your brand is positioned from a legal standpoint and provide recommendations to enhance its protection. The goal is to ensure your business is not only legally secure but also strategically sound for growth.

4. Market Analysis

A strong brand isn’t just about legal protection—it’s also about market positioning. Our Brand Health Check includes an analysis to see if your brand could become weakened due to use by others in your industry.

This includes:

Identifying businesses with similar branding
Evaluating potential brand confusion in the marketplace
Recommending strategies to strengthen your unique brand identity

By understanding your competitors, you can position your business more effectively and build a stronger, more recognizable brand.

How to Get Started

Initiating Protection Law Group was founded to help small businesses affordably protect their brands. Unlike large law firms that charge exorbitant fees, we believe in making brand protection accessible to all businesses, no matter their size.

The process to secure your brand starts with a simple step: scheduling your Brand Health Check. Once you complete it, we will personally review the report with you, answer any questions, and discuss your next steps. Whether you need to secure a trademark, rebrand, or take precautionary legal measures, we’ll help you turn potential risks into long-term rewards.

After completing your Brand Health Check, you’ll have a detailed understanding of your legal standing. We don’t just provide a report and leave you to figure it out—we offer tailored advice and actionable steps to protect your business. If further legal actions are necessary, we can assist with:

Trademark registration and monitoring
Cease and desist letters for brand infringement
Legal consultations on intellectual property strategy
Ongoing brand protection plans

Common Myths About Brand Protection

There are several misconceptions about brand protection that can put businesses at risk. Let’s debunk some of them:

I own my brand because I registered my business name with the state. Business name registration is not the same as trademark protection. Other businesses can still use a similar name unless you file for a federal trademark.
My business is small, so I don’t need trademark protection. Regardless of size, if another company registers your brand name, you could be forced to rebrand entirely.
I can just add ‘LLC’ or change one letter and avoid infringement. Trademark law protects distinctiveness. Small variations in spelling or adding an LLC designation does not provide legal protection.

Secure Your Brand’s Future

Your brand is one of the most valuable assets your business has—don’t leave it unprotected. A Brand Health Check is a small investment that can save you from costly legal disputes and give you peace of mind.

Don’t leave your brand’s future to chance. Contact us right now to schedule your Brand Health Check.

The Ultimate Guide to Trademark Protection for Small Businesses

by Richard Rimer | Dec 10, 2024 | Brand Protection 101, US Registration

The United States Patent and Trademark Office (USPTO) recently announced a series of price increases for trademark applications, which will go into effect on January 18, 2025.

The price hikes aren’t necessarily dramatic — a base application fee, for example, will jump from $250 to $350 — but they might make some small businesses think twice about securing trademarks in the first place. If your business is considering this, don’t let the higher prices stop you from filing for trademarks.

Small business trademark protection is more critical than ever before. If you don’t take full advantage of it, other businesses may infringe on your intellectual property rights.

Read our guide to trademark protection for small businesses below to learn which steps you can take to protect your brand identity.

Apply for Trademarks Regularly

You may apply for a small business trademark for a variety of items that you use to promote your business. A few examples include:

Business names
Names of products and/or services
Logos
Slogans
Phrases
Packaging designs
Color combinations
Digital assets (the names of podcasts, YouTube channels, etc.)

You will need to go through the trademark registration process for each, which could drive up your company’s costs. However, doing so offers your small business trademark protection you need.

Register for Trademarks With Help From a Trusted Attorney

Even if you only need to trademark one or two items for a brand-new small business, or if you have multiple items you wish to trademark, why not hire someone to help?

Let a trusted attorney from a firm like Initiating Protection Law Group, LLC, assist you. They will handle everything from trademark registration to infringement prevention.

Utilize the Trademark Symbol

You’ve likely seen companies use the trademark symbol next to their business names, logos, slogans, etc. You may have even wondered, “Can my small business use that?”

Once you’ve registered items, you may utilize the trademark symbol. Take advantage of this as part of your plan to prevent other companies from using your trademarked items.

Take Legal Action Against Companies That Commit Trademark Violations

Trademarks are legal safeguards that stop other companies from using items you have trademarked. If you spot any companies violating your company’s trademarks, don’t hesitate to call them out for doing it.

Another advantage of relying on a law firm like Initiating Protection Law Group, LLC, to register your trademarks is that it will establish a working relationship between your businesses. Reach out to our firm if you wish to take legal action against companies for infringing upon your company’s trademarks.

Contact Us for Assistance With the Small Business Trademark Registration Process

Going through the small business trademark registration process equips your company with the protection it needs. Initiating Protection Law Group, LLC, can help you determine whether you need trademarks and show you how to secure them.

Call us at 678-965-3268 to start the process.

What Is Brand Legal Counsel?

by Richard Rimer | Nov 8, 2023 | Brand Protection 101, Infringement

Are Trademark Lawyers and Brand Legal Counsel The Same?

I spend a lot of time telling people I am a Brand Legal Counsel or Brand Protection Attorney. Earlier this week I was asked by a potential client how this is different from a Trademark Lawyer. In simple terms: Yes, I am a Trademark Lawyer. I practice intellectual property law. For 18 years I worked at large firms and proudly called myself a Trademark Lawyer every day. Towards the end of those 18 years, I noticed a pattern. I saw that large companies were well represented in matters regarding their intellectual property. Meanwhile, smaller companies were flummoxed when I told them the name they used for their company violated my big client’s rights.

I remember one small company owner told me “My company name may be similar to your client’s trademark, but I don’t have a trademark.” I heard many versions of this. Then it hit me: these small business owners often don’t know what a trademark is. They don’t know if they have one. They may not even know whether they do or don’t want one. One thing is for certain in these cases; They likely didn’t know that their use of intellectual property could be the demise of their business. I felt drawn to assist these small and mid-size businesses in protecting their brand.

Trademark Misconceptions

There are many misconceptions about intellectual property. Just because someone created their brand, it doesn’t give them the right to use it. Some may believe that their use of a domain name gives them the right to use their brand name. Or maybe they filed a DBA (doing business as) at the courthouse and wrongly assumed that it would protect their brand. My job is to provide this information to my clients to clear up any confusion and assist them in protecting their brand. A legal issue like infringement can be a death sentence for small business owners. Finding out their rights and investing in protection is essential to avoid catastrophe. After working for large firms for much of my career, I found my passion in aiding smaller businesses.

As I received my calling to serve these small and mid-sized companies, I realized I had to change. If I wanted to help them, I had to speak THEIR LANGUAGE. To me, this meant dropping the title of Trademark Lawyer. June 14, 2021 is the day I opened my firm so I could focus on the intellectual property rights of small and mid-sized businesses. It is also the day I began referring to myself as “Brand Legal Counsel.” The title of Brand Legal Counsel feels more representative of the service that I provide. It is my mission to offer protection to these small businesses that are so important to our communities.

Call Us Today: 678.965.3268

info@initiatingprotection.com