• Is it possible to submit my trademark application via Trademark Pro Legal?

  Yes.
  
  Trademark Pro Legal's filing service begins at $35, in addition to mandatory federal fees. We manage the entire application process, allowing you to concentrate on other significant priorities. Begin the process of securing your trademark with Trademark Pro Legal today.

• What is the standard processing period for a trademark registration application filed through Trademark Pro Legal?

  Following your application submission, our legal team conducts a case review and an availability search for your trademark. Should we need any further details from you, we will reach out via phone or email. The application is typically prepared within one to two business days before it is officially filed. The process may occasionally take longer if client responses are delayed or if additional clarifications are necessary.
  
  The USPTO typically requires approximately 6 to 9 months from the filing date to issue a registration certificate, provided no legal objections arise with the application.

• The total cost for trademark registration is composed of our service fee, starting at $35, plus the required federal filing fees.

  Registering a trademark typically involves legal preparation and federal filing fees. Our service fee begins at $35, plus a mandatory $350 federal fee for each class of goods or services. If the USPTO raises a legal challenge, such as citing a similar mark, an additional fee for an attorney's response will apply. This cost generally ranges from $999 to $1,999, depending on the issue's complexity.

• I have identified a trademark that is similar to my own. Am I still eligible to proceed with its registration?

  Frequently, the answer is no. However, registration may be possible if the existing mark is for dissimilar goods or services, as this reduces the likelihood of consumer confusion.
  
  For instance, Domino Sugar and Domino's Pizza can coexist because they offer distinct products, thereby minimizing the potential for customer confusion.

• Is it necessary to file separate registration applications for my business name and logo?

  Yes.
  
  The USPTO permits one mark per application. This means a single filing can only register a name, a logo, or a slogan. A logo application may contain text, but the combined design and text are then considered a single trademark. To protect them independently, you must submit two separate applications.

• Is it possible to register a trademark for my business name prior to commencing its commercial operations?

  You can initiate the registration process; however, the USPTO will not formally issue the registration until you provide evidence of the mark's use in commerce. Some entrepreneurs validate their business's viability before filing, while others start the registration early to secure protection before investing significant resources into development.

• What are trademark classes?

  Trademark classes are categories within your application that correspond to your specific goods or services. The USPTO classification system organizes all products into 45 classes—34 for goods and 11 for services. Accurately classifying your goods and services is a vital component of the application. An incorrect listing can prevent your mark's registration, and the filing fees are non-refundable. To secure complete trademark protection, the chosen class(es) must precisely align with the goods and services described in the application.

Trademark Search

• How does a basic search differ from a comprehensive one?

  A basic search seeks precise matches, which we refer to as direct hits, within the federal registry. Conversely, a comprehensive search involves a detailed analysis of all marks that are identical or comparable to yours, including unregistered ones.

• Is a review of only federal and state trademark registries sufficient to reveal a potential conflict?

  Not exactly. Often, owners of marks without federal or state registration possess common law rights simply by being the mark's first user in commerce. These owners can challenge your use based on their prior usage. However, identifying such common law marks is challenging. Therefore, we advise clients to choose a comprehensive search that extends beyond official registries to include corporate names and digital platforms. To assist you, we provide extensive search packages like our International and Federal, State & Common Law reports.

• How can I determine if my proposed trademark is available for use?

  You can determine if a similar trademark already exists by conducting a search using the TESS database on the United States Patent and Trademark Office (USPTO) website. This allows you to identify any exact or closely related matches that may already be registered in the USPTO database.
  
  However, an exact match search will not reveal trademarks with similar or related names that may exist in the database. It also won’t indicate whether someone already holds a mark in a related category, which could lead to your application being denied. Therefore, it’s advisable to conduct a comprehensive trademark search before proceeding with registration.

Trademark Monitoring

• What is trademark monitoring?

  In most cases, trademark owners are responsible for protecting and enforcing their own trademark rights. To do so effectively, it’s important to stay informed about potential infringements. Trademark Monitoring is a service designed to notify you whenever another party uses a mark that is identical or confusingly similar to yours.

• Why do I need to monitor my trademark?

  The USPTO ensures that conflicting trademarks are not registered. However, to protect your rights more broadly, it’s essential to identify when others use marks similar to yours. Trademark monitoring provides that insight, enabling you to act promptly against potential infringers and safeguard your brand’s value and customer trust.

• What does the USPTO consider a trademark conflict?

  A trademark conflict arises when one mark is confusingly similar to another that is already registered. The primary factor in determining a conflict is the similarity of the marks and the relatedness of the goods or services they represent. However, even if the products differ, a conflict may still occur if the marks sound or appear alike enough to cause market confusion. In some instances, similar trademarks can coexist when they apply to unrelated products or services, making confusion among consumers unlikely.

• When and how can one party use another's trademark?

  Although a trademark grants you exclusive ownership of your intellectual property, it doesn’t automatically prohibit all others from using it. Others may use the mark independently, provided they do so within permitted terms or for non-infringing purposes, and only to the extent necessary for that use. It’s also important to note that trademark laws regulate the commercial use of a mark, not all uses in general.

Office Action Response

• What is an Office action?

  An Office Action is an official document issued by a USPTO examining attorney when errors or legal issues are identified in your application. It explains the reasons for the refusal and, when applicable, lists the additional requirements that must be satisfied for your application to be reconsidered.

• How do I know if my application has received an office action?

  The USPTO updates your application status and sends email notifications to the contact person(s) listed in your trademark application. If you are represented by an attorney managing your application, they will promptly inform you of any updates or changes from the USPTO.

  You can also authorize us to monitor your trademark application and notify you of any updates, eliminating the need for constant manual checks. However, if you filed the application on your own, you’ll need to regularly review its status to ensure you don’t miss an Office Action or any other important update.

• What’s the difference between a non-final and a final Office action?

  Once a USPTO examining attorney reviews your application and identifies a legal issue, you will first receive a non-final Office Action. If your response does not fully resolve the issues raised, the USPTO will then issue a final Office Action. At that stage, you may either meet the stated requirements or choose to file an appeal with the Trademark Trial and Appeal Board (TTAB).

• What happens if I do not respond to an office action?

  If you fail to respond to an Office Action issued by the USPTO within the required timeframe, your trademark application will be considered abandoned.

Copyright Registration

• What is copyright?

  Copyright is a legal protection granted to original works of authorship that are fixed in a tangible form of expression. It applies to both published and unpublished works.

• What does copyright protect?

  Copyright, a branch of intellectual property law, safeguards original works of authorship such as literary, dramatic, musical, and artistic creations—including poetry, novels, films, songs, computer software, and architectural designs. However, it does not protect facts, ideas, systems, or methods of operation, though it may protect the specific manner in which these are expressed.

• How do I copyright a name, title, slogan, or logo?

  Copyright does not extend to names, titles, slogans, or short phrases. However, these elements may be eligible for protection under trademark law in certain cases.

• Can I copyright my website?

  The original content, code, and design elements displayed on a website may qualify for copyright protection. To register, you must submit a printed copy of your site, and the protection will apply to that specific version. Since websites are often updated, you may also choose to register revised versions. However, registration of an updated version only protects the new or modified material included in that submission.

• Can I copyright my domain name?

  Copyright law does not provide protection for domain names. The assignment and management of domain names are overseen by the Internet Corporation for Assigned Names and Numbers (ICANN), a nonprofit organization that administers the domain name system through accredited registrars.

• Does my work have to be published to be protected?

  Publication is not necessary for copyright protection.

  “Publication” refers to the distribution of copies or phonorecords of a work to the public through sale, transfer of ownership, rental, lease, or lending. Offering copies or phonorecords to a group for further distribution, public performance, or public display also qualifies as publication. However, simply performing or displaying a work publicly does not, by itself, constitute publication.

• Can I copyright the name of my band?

  No, names are not eligible for protection under copyright law.

LLC Formation

• How long does the formation process take when starting an LLC?

  While forming an LLC usually takes about 7 to 10 days, the exact timeline varies depending on the state where the business is established. For an additional fee, you can request expedited processing to have your application reviewed ahead of others.

• What is involved in forming an LLC?

  Every state requires prospective LLC owners to submit key formation documents—commonly known as the Articles of Organization—to officially establish their business. We handle this entire process for you, saving time and effort so you can focus on growing your business instead of managing paperwork. Rely on our expertise to ensure your documents are filed accurately and efficiently the first time.

• Do I need to be a US citizen or have an SSN to start my business?

  You don’t need to be a U.S. citizen or have a Social Security Number (SSN) to start a business in the United States. While SSNs are commonly used for tax purposes, non-citizens can use alternative identification or an Individual Taxpayer Identification Number (ITIN) if tax filing is required. We’ll guide you through the entire formation process—ensuring compliance, assisting with setting up a U.S.-based bank account, obtaining a U.S. mailing address, and more.

• What is the best state to start an LLC if I’m not a US citizen?

  Although you can form an LLC in any state, Wyoming and Delaware are among the most popular choices. Wyoming is especially appealing for non-U.S. residents and entrepreneurs running online or e-commerce businesses, offering low fees and strong privacy protections for business owners. Delaware, on the other hand, provides many of the same advantages but is particularly favored by investors and venture capitalists. While its fees are higher, it’s an excellent choice if you plan to seek outside investment.

• What can I do if I’m in a rush for LLC filing?

  No problem — one of our representatives can expedite your filing process for a small additional fee.

• Do you provide hands-on support?

  Absolutely! We’re committed to educating our clients and offering comprehensive guidance throughout the formation process and beyond.

  If you need further assistance, feel free to reach out to us by phone, email, or through the live chat feature on our website.