A lawyer can review and research your trademark to determine if it can be protected. If needed, they can also advise on changes.
Trademarks are limited to specific categories known as classes. A lawyer can help you find the right ones, so your brand is properly protected.
Applications are often rejected for minor errors like being incomplete, overly broad or not broad enough. An attorney can help you avoid costly mistakes.
Frequently asked questions
Whether you’re registering a product name, business name, slogan, tagline or logo, the trademark registration process is the same. First, you should make sure a trademark application is right for you, then you’ll confirm that your mark is eligible for registration, complete your trademark application and submit it to the USPTO (United States Patent and Trademark Office).
In many cases, you are not required to hire a lawyer who specializes in trademark law for your registration, but the USPTO strongly encourages it. With Rocket Lawyer, you’re hiring a licensed trademark attorney who’ll guide you every step of the way—in accordance with the USPTO recommendation—but at a fraction of the price of what many attorneys charge.
The many benefits of working with Rocket Lawyer and hiring a licensed trademark attorney include:
Support choosing a mark that can be legally protected
Legal advice on which class(es) to file in
Assistance selecting an appropriate example of your trademark in use
Help understanding the scope of your rights and how to enforce them
Save time and money filing an accurate and complete trademark application
Save 50% as a Rocket Lawyer Premium member!
Traditional attorneys can charge thousands of dollars to complete your trademark application, but Rocket Lawyer’s trademark service costs a fraction of that at just $699.99* for non-members or $349.99* for new or existing Premium members.
If you’re a new member, your 50% discount and a FREE 7-Day Trial of Premium monthly membership will be applied automatically at checkout (or can be removed, if you prefer to pay full price). If you’re an existing Premium member, simply make sure you’re signed in and your discount will be applied automatically at checkout.
*USPTO fees are not included and typically range from $250-$350 per filing class. They are paid directly to the USPTO with no upcharges or markups.
Whether to register your trademark comes down to a few considerations:
Do you want to deter others from using your mark?
Do you want national, exclusive rights to it?
If a competitor starts using a mark similar to yours, would you want to stop their infringement?
If you answered “yes” to any of those questions, then official trademark registration with the USPTO is most likely the right step for you. Submitting a trademark application means you’ll be listed in the USPTO database, which provides public notice to anyone searching for similar marks and deters them from using your trademark. Once your trademark is registered, you’ll have national, exclusive rights to use it. Later, if you ever need to go to federal court to protect your trademark, your registration certificate will prove ownership, meaning you won’t need to provide massive amounts of evidence to prove when and how you’ve been using your mark.
Benefits of trademark registration also include having a basis to file for trademark protection in foreign countries, the right to bring a trademark lawsuit in federal court, and the right to use the official federal trademark registration symbol ®. You can also record your registration with the U.S. Customs and Border Protection (CBP) to get the added benefit of having them halt imported goods that infringe on your trademark.
‘Trademark’ is a general, non-legal term referring to any name, phrase, word or design that identifies goods and/or services of a business. ‘Registered trademark’ refers to a trademark that has been officially registered with and approved by the United States Patent and Trademark Office (USPTO).
Trademark registration with Rocket Lawyer is simple and easy. From checkout to filing typically takes about 1-2 weeks, although the exact timing depends on your specific needs and the details of your trademark. Need a fast turnaround? Please call us at (888) 627-1193.
Here’s what to expect:
Sign your Legal Services Agreement
Within 2 business days you’ll receive an email asking you to sign a Legal Services Agreement. This agreement outlines the work that the lawyer will complete on your behalf and makes your work together official.
Meet with the trademark lawyer
Soon after signing your Legal Services Agreement, you’ll be matched with a trademark lawyer. You’ll receive their contact information by email and they’ll also give you a call to get things started. During your consultation, your lawyer will help determine how to file your trademark(s) to give you the best chance of approval.
Your lawyer drafts your application
Your trademark lawyer will conduct a federal and state search for conflicting marks, draft your application and file it on your behalf.
Your application is filed!
After your trademark application has been submitted, the USPTO typically takes 6-9 months to review your application and render a decision. If the USPTO has questions, the lawyer will correspond with them on your behalf.
It depends. Since 2019, any person whose permanent residence is outside the U.S. and/or any company with its headquarters outside the U.S. and its territories is required to have a licensed U.S. attorney represent them. For everyone else, the USPTO allows you to submit a trademark application on your own, but strongly encourages you to hire a U.S.-licensed attorney who specializes in trademark law.
When you buy a trademark package through Rocket Lawyer, you’ll be hiring a licensed trademark attorney in accordance with the USPTO recommendation and requirement, if it applies to you.
For a business or product name, the answer is simple: trademark it. For other uses, read on to see what you can and can’t trademark.
✅ What you can trademark
You can trademark names, logos and phrases/slogans that are related to commerce (i.e., the sale of products or services).
🚫 What not to trademark
You cannot trademark creative work like a song, book, movie or website. To protect those, register a copyright.
You also cannot trademark an invention like a production process, product, tool or chemical formula. To protect an invention, apply for a patent.
Get help deciding
If you do not register your trademark, you will only have legal rights to your name, brand or slogan in the geographic area where you operate. If someone infringes on your trademark, your ability to bring a lawsuit will be more limited. You’ll also have to prove that your mark is valid, and may only be able to sue in state or local court.
In contrast, there are many benefits to registering a trademark including nationwide, exclusive rights to use your trademark in connection with the goods and services listed in your registration, the right to sue an infringer in federal court, and legal presumption of ownership, which is what allows your trademark to hold a tangible, monetary value.
Protect your brand with an official trademark. Get started today!