Legal Protection Services
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FAQs
Yes! Trademarks are a federal practice area so we service clients in all 50 states. One-on-one business consulting, however, is limited to clients in Georgia.
A trademark is a brand name, logo, or slogan that helps consumers identify the source of a product or service. Trademarks secure your intellectual property so that you can exclusively own and monetize your brand.
By registering your trademark with the United States Patent and Trademark Office (USPTO), you can protect your intellectual property from other individuals or companies who infringe on your property by copying it or using it without your permission. Additionally, other companies may argue that you are infringing on their trademark rights, especially if they file for a federal trademark before you do.
If you have a brand name, logo or slogan that is critical to your brand value, you NEED federal trademark protection.
There are a few different ways to enforce your trademark:
> The most common method of enforcing your mark is by sending a cease and desist (C&D) letter. This is usually written by an attorney and indicates not only that you have the federal rights to your trademark, but also requires that the infringer immediately stop using your protected mark.
> If a C&D letter is not effective, you can file a lawsuit for trademark infringement in federal court. Federal trademark registration allows broad protection for your trademark across the entire United States.
Not necessarily. In certain circumstances, you can trademark your company name even if another company is already using it (and even if they have it trademarked!). Although this must be evaluated on a case-by-case basis, the criteria may include the following:
> Whether the companies are in the same industries
> Brand usage
> Channels of trade
> Category of services
Think of Delta Airlines and the Delta Faucet Company - same name, two very different products/services. Both of these companies are able to have their trademarks coexist without any issue.
Anything that identifies the source of your brand. Some examples include:
> Brand Name
> Logo
> Slogan
> Tagline
> Product/Subscription/Membership/Course Name
> Signature Method
> Group Name (including Facebook Groups!)
> Color
> Shape
> Smell (What?? Yes, really!)
Definitely not. As your brand and your company grows, your trademark protection needs will grow as well. When starting out, most people get their brand name and sometimes their custom logo trademarked. As they grow their product line, they expand to getting trademarks for new courses or products they are releasing. The UPSTO does not offer discounts for applying for multiple trademarks, so there is no advantage to waiting in order to "bundle" your applications.
Depending on the nature of your business, you may need multiple trademarks. We offer Brand Audits to go over your intellectual property and advise you on what assets to protect immediately and which assets can wait due to lower risk of infringement. This provides clients a cost-effective strategy for securing all of their intellectual property
A trademark protects your brand. Anything that can be used to identify the source of your brand can be trademarked. This includes brand names, personal names, logos, slogans and taglines, product names, subscription names, membership names, course names, signature methods, group names, colors, shapes, and smells.
A copyright protects original works of arts and authorship. This can include course content, videos, books, software, songs, graphic art, non-fungible tokens, characters, blogs, and Power Points.
Yes, if you have a brandname, a trademark is often required for verification on Facebook and Instagram.
For TEAS standard filing option (most common), the USPTO charges $350 per class. If you have two classes, this would amount to $700. There is no discount for multiple classes.
This is payable directly to the USPTO.
We usually file a trademark within one week of receiving a completed trademark application. However, the USPTO review process for new trademarks takes anywhere from 6 months to 1 year. Although that seems like a long time, you receive priority from the date you submit your application, so even if anther company applies for a trademark the day after your application is submitted, your application takes priority over theirs.
No! An LLC (Limited Liability Company) only limits your personal liability from that of your business. This means that any legal or financial implications of your business shouldn't bleed into your personal assets. Although you do register your LLC name with your state's corporation division, this has no bearing on your ability to own your intellectual property. Owning your LLC does NOT mean you own your brand name - only a trademark can offer this protection.
Absolutely not. Even if you are not using your trademark in your business (or don't even have a business yet), you can file for a federal trademark as soon as you have a legitimate intent to use that trademark with your goods and services. The earlier in your business formation process you consider applying for a trademark, the easier (and cheaper!) the process is.
No problem, we can help with that.
Why? LegalZoom provides you a pretty form to fill out, but offers you no legal advice and upcharges you for the same application you can submit on your own (for free!). Although the USPTO urges you to work with a trademark attorney prior to submitting your application, you certainly don't have to. LegalZoom is a document submittal service - they cannot provide you recommendations on which classes to submit, won't run a conflict search report, won't help with office actions, and can't fix any errors on your application. If you're really strapped on cash and don't want to hire an attorney, save your money and do it yourself.
Yes! We offer LLC formation services to businesses across the U.S.
If you are located in the state of Georgia, we'd be happy to help you. If your business is outside of Georgia, we'd be happy to refer you to an attorney we trust in your state.
Direct-Hit search of USPTO Trademark database
Federal e-filing of trademark application
Active communication throughout the process
Post-registration guidance on enforcement and trademark maintenance
Good for new businesses or entrepreneurs just launching.
EVERYTHING in the ENTREPRENEUR package, PLUS:
20 minute strategy call
Comprehensive search of the USPTO
Trademark database
Search results report and opinion letter
Strategically drafted trademark description
Attorney-review choice of class
Strategically drafted federal trademark application
Great for businesses who are serious about protecting their intellectual property.
EVERYTHING in the TRAILBLAZER package,
PLUS:
Unlimited searches of USPTO Trademark database
One non-substantive Office Action response
3 Years of Monitoring the USPTO Database for conflicting marks
Trademark Guarantee (free additional filing if first mark does not register)
Perfect for established businesses who need ongoing legal protection.
ABOUT US
We are a female-owned, virtual law firm that is focused on empowering creative entrepreneurs, startups, online coaches, and content creators to protect themselves and their businesses. We offer the full gamut of legal services for businesses, including business formations, drafting contracts and agreements, trademark registration, client representation in negotiations, and legal advice.
260 Edwards Plaza, Suite 20916
St. Simons Island, GA 31522
SERVICES
Trademarks
Business Formation
Business Consulting
Contracts
Estate Planning
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