WHAT IS IT?
A trademak protects your business' brand assets, which are a unique set of elements that distinguish your business from that of your competitors. They give your business a competitive advantage by providing seeming exclusivity and individuality in the eyes and minds of customers and clients.
Your brand assets might include:
Your business name;
Your own name (if YOU are your brand – think “Beyoncé”);
Any other combination of words or short phrases that are synonymous with your brand; and
Certain other unique brand elements (a.k.a. “trade dress” – think: patterns, color schemes, scents, sounds, product packaging, etc.).
IS THIS FOR ME?
A registered trademark is ideal for any entrepreneur or small business that wants to:
Pre-emptively keep their competitors and infringers at bay;
Boost their business profits;
Increase the value of their brand; and
Make enforcing their rights cheaper and easier.
But registration costs money (albeit, a lot less than you probably think) and it also takes a long time (generally, 6 months to a year, but could take longer). That is why we subscribe to the E.A.R. Method of Trademark Registration and we encourage all of our clients to do the same.
SHOULD I TRADEMARK
THIS BRAND ASSET?
Is it worth spending time and money registering this asset?
Is now the right time to register it?
WHAT TO DO:
Conduct a thorough brand asset evaluation and determine which assets, if any, are worth registering.
CAN I TRADEMARK
THIS BRAND ASSET?
Can this function as a trademark?
Is anyone else using the same or a similar name, logo, slogan, etc.?
WHAT TO DO:
Conduct a thorough trademark search and analyze the results.
TRADEMARK THE BRAND ASSET.
If, and only if, you've determined that you should trademark and can trademark, then you can trademark.
WHAT TO DO:
File a trademark application with the US Patent and Trademark Office (USPTO).
Think of the E.A.R. Method as the diagnostic testing before the surgery – we want to know what we’re dealing with before we go on to make that first cut. Doing it this way ensures that you only register your most valuable assets and saves you the time, money, and headache of attempting to register a mark that cannot be registered.
Includes the Comprehensive Trademark Search Report (word marks only), attorney review, and attorney Opinion Letter.
INVESTMENT: Word marks $749 + Search Report Fee ($129)*
Design marks $999*
SUBSTANTIVE OFFICE ACTION RESPONSES
Includes legal research and written argument in response to substantive Office Action.
INVESTMENT: $999 and up
TRADEMARK RIGHTS ENFORCEMENT
Various actions can be taken to enforce your existing trademark rights. We can assist with cease & desist letters, DMCA takedown notices, opposition filings and more.
INVESTMENT: $499 and up
Includes trademark application preparation and filing with USPTO.
INVESTMENT: $749 + USPTO Filing Fee ($275/class)*
Includes weekly USPTO monitoring of identical and similar marks and immediate notification of potentially infringing marks, as well as monthly reports of the same.
INVESTMENT: $599 per year
TRADEMARK OWNERSHIP TRANSFERS
Agreements to permanently transfer trademark rights (an assignment) as well as USPTO recording of the same, or an agreement to allow others to use your trademark in exchange for a fee (a license).
INVESTMENT: $749* + USPTO Recording Fee ($40/doc)
* We do our best to provide accurate pricing on this page, but the costs quoted here may not always apply. In certain instances additional legal and USPTO fees may apply.
should i trademark?
Is your business name, course name, product name, logo, or slogan even worth trademarking?
Is now the right time to trademark this asset?
Don't even THINK about applying for
a trademark until you know for sure.
Our DIY Trademark Evaluation Guide & Worksheet helps you sort through all of your brand assets and weed out the most valuable ones, so you're not wasting any extra money or time on things that shouldn't (and can't) be trademarked.