An antique steam trunk stencilled with a founder's monogram.

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Trademark.

The legal claim that your brand is yours. Filed federally with the USPTO, valid across all fifty states, defended under the law of trademark infringement.

Filed for our clients across all 45 USPTO classes for twenty-four years.

There is a moment in every company's life when the name on the door starts to be worth defending. Customers know it. Competitors notice it. Search results reflect it. That is the moment to file the trademark, because by the time someone copies you, the protection has to already be in place.

Federal trademark registration with the United States Patent and Trademark Office is the document that converts your brand from a name into property. Below is the framework we use to take a brand from unprotected to registered.

What can be trademarked.

Words, logos, slogans, and certain three-dimensional shapes can all be trademarked. The mark has to be distinctive enough to identify your business and not merely descriptive of what you sell. 'Apple' for computers is distinctive (apples are not computers); 'Best Computer Repair' for a computer repair shop is descriptive (and unprotectable).

Some categories cannot be trademarked at all. Generic terms ('soap' for a soap company), purely functional shapes, and marks that mislead consumers about geographic origin are non-starters. We confirm your mark is registrable before we file.

The 45 trademark classes.

The USPTO divides goods and services into 45 classes. Class 25 covers clothing. Class 9 covers software. Class 41 covers education and entertainment services. A single trademark must be registered in each class where you actually use the mark or intend to use it within a few years.

Filing in too few classes leaves your brand exposed in adjacent industries. Filing in too many wastes the application fee per class with no real protection added. We map your business to the right classes before filing, then file in those classes only.

A trademark is the only asset on the company's balance sheet that grows in value the longer you use it. Every year you operate under it strengthens the claim.
45

Trademark classes covered by the USPTO

Before filing, we run a clearance search of the USPTO database, the registries of the 50 states, and common-law sources for any mark that conflicts with yours in the same class. Conflicts come in three flavors: identical marks (deal-breaker), similar marks for similar goods (likely rejection), and similar marks for unrelated goods (usually fine).

If we find a conflict, we tell you. The options are usually to modify the mark slightly, choose different classes, or pivot the brand. Filing over a known conflict almost guarantees rejection and burns the application fee.

What the registration includes.

Once the USPTO accepts the application and issues the registration certificate, the brand has federal protection across all 50 states for 10 years, renewable indefinitely. The registered trademark gives you the right to use the ® symbol, the legal standing to sue infringers in federal court, and the procedural advantages that come with a federally registered mark.

A pencil sketching the early version of a brand mark.
  • Comprehensive clearance search across USPTO and state databases
  • Strategic class selection for the right scope of protection
  • Application drafting and filing with the USPTO
  • Response to USPTO office actions and examiner objections
  • Registration certificate and federal trademark protection
  • Renewal reminders for the 5-6 year and 9-10 year filings
An aerial view of a US city at golden hour, brands building across all fifty states.
We file in every USPTO class for clients building brands across all 50 states.

What it does not do.

A US trademark protects your brand in the United States, not abroad. International protection is filed country by country, often through the Madrid Protocol, which allows a single application to cover up to 130 jurisdictions. If your brand is sold internationally from day one, that decision should be made early.

A trademark also does not stop someone from using a similar name for an unrelated product. The protection runs by class, not by word. 'Delta' is a trademark for an airline, a faucet company, and a software platform, all coexisting because they operate in different classes.

When to file.

Founders ask whether to file at incorporation, after the first sale, or after the first year. Our answer: as soon as the brand has been chosen and you are committed to it. The USPTO timeline is 9 to 14 months from filing to registration, so the earlier the application is in the queue, the earlier the protection lands.

If you file too early and the brand changes, you have to refile and lose the application fee. If you file too late and a competitor files first, you lose the brand. The right window is somewhere between 'committed to the name' and 'have not yet shown it to a competitor.'

Questions

Frequently asked

How long does the trademark registration process take?

From filing to registration, typical timelines run 9 to 14 months. The USPTO has its own queue, and the registration cannot move faster than the office reviews the application.

What are the trademark classes?

The USPTO uses 45 classes covering different types of goods and services. Each class has its own filing fee, and a single trademark can be registered in multiple classes if the brand sells across them. We help select the right classes before filing.

What can I trademark?

Words, logos, slogans, and certain three-dimensional marks. The mark must be distinctive, not merely descriptive of the product, and not already in use by someone else for a similar product.

What if my trademark is already taken?

We run a clearance search before filing. If a similar mark exists in the same class, we tell you and recommend either modifying the mark or pivoting the strategy. Filing over a conflict only delays the inevitable rejection.

Does the US trademark protect me internationally?

No. The US registration covers the United States only. International protection is filed separately in each target country, typically through the Madrid Protocol. We can advise on that as a next step.

Do I have to keep the trademark active?

Yes. The USPTO requires periodic filings (between years 5-6, between years 9-10, and every 10 years after) to maintain the registration. Missing a renewal cancels the trademark.

Have questions about your filing?

Our tax team has been at this for twenty-four years. Book a consultation and we'll walk through your specific situation.