TRADEMARKS
GIFT YOURSELF THE ULTIMATE BUSINESS ASSET
…and the smartest investment you’ll make in your business!
If you’re creating the next best thing, why haven’t you protected it?
Is your business just a hobby or is it your legacy?
Are you ready to finally OWN your future?
Then you need a TRADEMARK!
It doesn’t make sense to invest money into a brand you do not OWN!
You shouldn’t waste money marketing without trademarking your business assets.
Benefits of a
Trademark
1. Distinguishes your brand from competitors
2. Nationwide notice that you OWN your mark (business name, logo, slogan, etc.)
3. Protects your mark against copycats FOREVER!
4. Can sue copycats & recover 3x’s the damages & attorney fees $$
5. Stops cybersquatters from creating infringing domains
6. U.S. Customs & Border Protection blocks infringing products bearing your mark
7. Ability to license your mark to other companies $$
8. Your brand becomes more attractive to investors $$
9. Increased credibility!
10. Your mark can be passed down in a will, i.e. legacy security!
SO…WHERE’S YOUR TRADEMARK?
Filing your LLC does not stop competitors from using your exact or similar brand names!
That’s what a trademark is for.
Filing your LLC does not stop competitors from using your exact or similar brand names!
That’s what a trademark is for.
Filing your LLC does not stop competitors from using your exact or similar brand names!
That’s what a trademark is for.
Put your brand to the test!
Is Your Brand Name Trademark Ready?
Put Your Brand to the Test!
Designed with the most common trademark mistakes in mind, take our quiz and find out if your brand name is REALLY ready for trademark registration!
Is Your Brand Name Trademark Ready?
THE PROCESS
Due to the pandemic, the entire trademark process will take a minimum of 12 – 20 months to complete! BUT once registered your trademark can last FOREVER!
STEP ONE
We discuss the specifics of your trademark matter.
STEP TWO
Once we’ve gathered details about your mark, we conduct a comprehensive trademark search on your behalf. We share our findings and offer our opinion on the likelihood of successfully registering your trademark.
STEP THREE
We draft and file your trademark application with the United States Patent and Trademark Office (USPTO).
STEP FOUR
We help you respond to Office Actions issued by the USPTO, and provide you with regular updates and support to assist you throughout the process.
STEP FIVE
Your mark is published, and if there are no objections, successfully registered.
THE PROCESS
Due to the pandemic, the entire trademark process will take a minimum of 12 – 20 months to complete! BUT once registered your trademark can last FOREVER!
STEP ONE
We discuss the specifics of your trademark matter.
STEP TWO
Once we’ve gathered details about your mark, we conduct a comprehensive trademark search on your behalf. We share our findings and offer our opinion on the likelihood of successfully registering your trademark.
STEP THREE
We draft and file your trademark application with the United States Patent and Trademark Office (USPTO).
STEP FOUR
We help you respond to Office Actions issued by the USPTO, and provide you with regular updates and support to assist you throughout the process.
STEP FIVE
Your mark is published, and if there are no objections, successfully registered.
Over 60% of trademark applications filed are initially rejected!
Hiring an attorney can help you beat those odds!
WHAT OUR CLIENTS SAY
FREQUENTLY ASKED QUESTIONS
Find answers to your most burning questions below.
What is a federal trademark? What can I trademark?
A federal trademark is a word, phrase, symbol, and/or design (i.e, a “mark”) that identifies and distinguishes the source of goods of one party from those of others on a national level through the United States Patent and Trademark Office (USPTO).
Examples of possible marks include:
- Brand names, logos, monograms, slogans, tag lines, domain names
- Shapes, colors, stripes, sounds, smells
- Product packaging and payment methods
- Store’s decor, menus, and interior-exterior layout
- And so much more…
What is the trademark registration process?
The trademark registration process is a federal legal proceeding that grants a person or company exclusive, national use of a particular mark (brand name, logo, slogan, etc.) within their specified industry(ies).
What is the difference between a trademark, copyright, and a patent?
Trademarks protect “branding elements”, like your brand name, logo, monograms, slogans, tag lines, colors, stripes, sounds, smells, and other source-identifying marks.
Copyrights protect ORIGINAL pictorial, graphic, sculptural, musical, literary, and audio-visual works of art “fixed in a tangible medium of expression” (i.e., in existence). The easy way to remember – Copyrights are for Content.
In fashion, copyrights are pretty rare. They are more often seen in jewelry design because jewelry is comparable to sculptures. And they can sometimes apply to graphic designs and original patterns on clothing.
Patents are split into three different forms – utility, design, and plant patents. In simplest terms, patents protect new and non-obvious inventions and grant owners “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States.
For a more in-depth explanation, check out our video: Trademarks, Copyrights and Patents Explained. And to learn more about patents specifically: How To Patent My Designs.
I already have an LLC! What's the difference between a trademark and LLC?
Both LLCs (Trade Names) and Trademarks involve “names”, but by no means are they the same or serve the same purpose!
An LLC (limited liability company) is a type of business entity that defines the organization of your business within your state and to the IRS for tax purposes! In simplest terms, an LLC is how your state and the IRS identifies you.
And even more, LLC names are not exclusively-owned. Business owners in different states can share the same LLC name without an issue!
Trademarks, on the other hand, are exclusive source-identifiers! They protect “branding elements”, like your brand name, logo, monograms, slogans, tag lines, colors, stripes, sounds, smells, and other source-identifying marks. Trademarks are how the public at large identifies you! They are how consumers distinguish your brand’s goods/services from your competition throughout the entire country.
That’s why your most pressing legal concern when starting a business should be your trademark – making sure no one else out there can use your brand name and assets OR create an extremely similar name and assets! You want to be the ONLY person who can profit off your brand, your hard work, and your monetary effort! That’s what a trademark is for.
I've named my business after myself! What's the harm in that?
One of the MOST common “mistakes” we see entrepreneurs make is naming their business after themselves. It’s especially common among fashion designers and service providers!
Many people believe that naming their brand after themselves is the only way to feel a connection to their brand and to truly represent their legacy.
However, what most people fail to realize is that when they’ve named their business after themselves, they’ve essentially made their name into a business asset aka a trademark. And this means that you stand a far greater risk of losing the rights to your name to your business FOREVER as your business grows and investors become involved.
It happens all the time, especially to the major fashion houses and luxury brands – Kate Spade, Zac Posen, Hayley Paige! All the luck in the world does not change that.
We can’t talk about this topic enough! You can read out blog post about it!
We highly recommend that you take our “Is Your Brand Name Trademark Ready?” quiz for further explanation on why you SHOULDN’T name your business after yourself. Or watch this video!
And even more, we help entrepreneurs avoid making this fatal mistake via our Brand Name Consultation. Check out this service and see our reviews to learn more!
How long does it take to get a trademark?
The entire trademark registration process pre-COVID would take anywhere between 10-18 months to complete.
Now post-COVID, there has been a surge in trademark applications that have severely delayed timelines! As of September 2022, it takes about 9-11 months before a trademark application is even reviewed (compared to previous 3-4 month pre-COVID wait time)! You can expect your trademark to take a minimum of 1 year to complete.
How do I know if I'm ready for a trademark?
Take our “Is Your Brand Name Trademark Ready?” quiz to get a quick assessment of whether your name is ready for trademark registration!
What is the cost of your trademark service?
Our trademark service starts at $2,500 and changes depending on your individual needs. Our Firm also offers various bundle deals. Please inquire about financing options during your Trademark Discovery Call.
What is the process of working with your Firm?
Please see “Our Process” timeline above!
I've already searched my name. Do I need a comprehensive trademark search report?
ABSOLUTELY!
Properly searching your name for competitors is not as simple as it may seem. It’s not just about searching your exact name on social media, Google, or even through the United States Patent and Trademark Office (USPTO).
A comprehensive trademark search report:
(1) searches through the U.S. Federal Register, internet sources, domain names, business entity formations, AND other business records, which is useful in determining whether there are other uses that may be source of conflict for you, and potentially lead to costly litigation.
And (2) helps our team pinpoint conflicting marks or businesses with phonetic variations, separation of words, translations, plurals, reversed words, misspellings, synonyms, and more. Trademark law’s main objective is to avoid consumer confusion at all costs! Lawyers have access to powerful algorithms that can help us locate similarly “confusing” names and create a strategy for registration.
I just started my business. Is it too early for me to register a trademark?
Firstly, congratulations! Starting a new business is no easy feat! Secondly, it is NEVER too early to begin considering trademark protection especially if you’re devoted and committed to making your brand a true success!
You’d be surprised how quickly others will attempt to steal a good idea or get “too inspired” and create a similar name which also affects your chances of trademark registration!
In our experience, as little as 1 month can make all the difference in an “easier” trademark registration versus a longer, more costlier one. You should be proactive about trademarking!
But I haven't started selling products/services yet. Is it too early for a trademark?
That’s not a problem! Take a look at our previous answer.
Additionally, if you have not yet started to sell products/services, you can still be proactive about protecting your brand with a registered trademark!
Our Firm can help you file an Intent to Use (ITU) Trademark Application, giving you “first dibs” on your proposed trademark. You’ll essentially “lock-in” your mark with the USPTO, thus preventing others from using your exact mark AND registering “confusingly” similar marks until you’re ready to launch!
Can I trademark my brand name, logo, slogan, or other mark at the same time?
Absolutely! You can register multiple marks at the same time, and the process for each mark is the same!
However, you should note that each mark will require a separate trademark application. Each mark is considered a unique and distinct trademark, which belongs on its own application for review by the USPTO. The marks can not be “bundled”.
If cost is a major concern for you, it’s best to protect your brand name first, and then expand on your trademark portfolio as you go!
I filed my trademark application on my own. Can you still help me correct an issue or with my application in general?
Yes, granted there are no conflicts of interest, our Firm can definitely “take over” your application and help you correct any mistakes within your application!
However, you should bear in mind that some user mistakes are too large to “correct”. You may have to submit a new application!
I filed my trademark application on my own and have received an Office Action. Can you help me?
Yes, our Firm can help you respond to Office Actions and resolve issues with your application! When booking your Trademark Discovery Call, please provide us with your application’s Serial Number so that we can take a quick look.
What's the difference between ™, ®, and ©?
A ™ symbol indicates an “intent to trademark”. It puts the public on notice that the owner of said mark considers the mark to be propietary, but has not yet federally registered it.
A ® symbol indicates that a mark is a “registered” trademark. It should only be used once your trademark is successfully registered with the USPTO.
A © symbol gives notice to the public that a work is copyrighted and that you are the owner of said work.
What is your refund policy?
Please see our refund policy.
What if I DIY my application?
As entrepreneurs, we’re a self-motivated, knowledge-hungry, and money-conscious bunch. So it’s no surprise that many entrepreneurs attempt to DIY their Trademark Application for various reasons.
BUT there are so many things that can go awry when you choose to go through this process alone! Save yourself money and headache when you work with our Firm from the very start rather than contacting a lawyer afterwards to fix your mistakes.
Here are just some of the possible issues you can encounter with DIY applications:
- Poor trademark searching → Most trademark disputes do not arise because two marks are an exact match, but because a new mark is “confusingly similar” to an existing mark! Having an attorney perform a comprehensive trademark search report can help you avoid wasting money on a pointless application!
- Poor claim construction → Many DIY applicants lack knowledge of trademark classes and how trademarks function, resulting in false claims (incorrect statements goods/services) and wasted money to correct this issue.
- Improper specimen → Whether your business is service-based or product-based influences the evidence you should submit with your application. Selecting the wrong specimen can hurt your application and result in delays, rejection and wasted money.
- Failure to Respond & Inadequate Responses → The trademark registration process is a legal proceeding! Many DIY applicants lack knowledge of trademark case law and statutes necessary to provide appropriate responses to the USPTO’s requests (i.e. Office Actions) and/or drop the ball in keeping up with USPTO communications. Hiring an attorney can help you avoid both.
Don’t make these mistakes! Let JNJ Legal help you navigate the Trademark Registration Process. Book a Trademark Discovery Call to discuss your trademark needs!
What happens if I DIY my application?
As entrepreneurs, we’re a self-motivated, knowledge-hungry, and money-conscious bunch. So it’s no surprise that many entrepreneurs attempt to DIY their Trademark Application for various reasons.
BUT there are so many things that can go awry when you choose to go through this process alone! Save yourself money and headache when you work with our Firm from the very start rather than contacting a lawyer afterwards to fix your mistakes.
Here are just some of the possible issues you can encounter with DIY applications:
- Poor trademark searching → Most trademark disputes do not arise because two marks are an exact match, but because a new mark is “confusingly similar” to an existing mark! Having an attorney perform a comprehensive trademark search report can help you avoid wasting money on a pointless application!
- Poor claim construction → Many DIY applicants lack knowledge of trademark classes and how trademarks function, resulting in false claims (incorrect statements goods/services) and wasted money to correct this issue.
- Improper specimen → Whether your business is service-based or product-based influences the evidence you should submit with your application. Selecting the wrong specimen can hurt your application and result in delays, rejection and wasted money.
- Failure to Respond & Inadequate Responses → The trademark registration process is a legal proceeding! Many DIY applicants lack knowledge of trademark case law and statutes necessary to provide appropriate responses to the USPTO’s requests (i.e. Office Actions) and/or drop the ball in keeping up with USPTO communications. Hiring an attorney can help you avoid both.
Don’t make these mistakes! Let JNJ Legal help you navigate the Trademark Registration Process. Book a Trademark Discovery Call to discuss your trademark needs!
Close to 1 million trademark applications were filed in 2021!
Business owners are taking their brand’s protection even more seriously than in previous years!
So…Why aren’t you?
Close to 1 million trademark applications were filed in 2021!
Business owners are taking their brand’s protection even more seriously than in previous years!
So…Why aren’t you?
SCHEDULE YOUR DISCOVERY CALL
Schedule your 20 Minute Trademark Discovery Call to learn more about trademark registration process and start your business transformation!
SCHEDULE YOUR DISCOVERY CALL
Schedule your 20 Minute Trademark Discovery Call to learn more about trademark registration process and start your business transformation!
SCHEDULE YOUR DISCOVERY CALL
Schedule your 20 Minute Trademark Discovery Call to learn more about trademark registration process and start your business transformation!
