September 17, 2025
Your brand is one of your most valuable business assets. From your company name and logo to your slogans and even product packaging, these identifiers set you apart in the marketplace. Without trademark protection, however, your hard work and reputation are vulnerable to imitation and misuse. Filing for a trademark is the legal process of safeguarding your intellectual property, and while it may seem straightforward, the reality is that it involves strategic decisions, legal knowledge, and careful attention to detail.
In this guide, we’ll walk you through the complete process of filing for a trademark, highlighting what to expect, the challenges you might face, and how professional legal guidance can make the difference between approval and rejection. Along the way, we’ll provide case studies and examples of how law firms assist clients, helping you understand both the technical steps and the strategic value of hiring an attorney.
A trademark is a symbol, word, phrase, design, or combination thereof that identifies and distinguishes the source of goods or services. It is different from patents (which protect inventions) and copyrights (which protect creative works). Trademarks serve as a business’s signature in the market, signaling authenticity and reputation.
Filing a trademark application may seem simple with online forms, but a large percentage of applications are rejected due to errors, vague descriptions, or conflicts with existing marks.
While DIY filing may appear cost-effective, it often leads to costly mistakes, rejections, or weak protections. Attorneys ensure your application is strategically crafted to withstand scrutiny.
An attorney works with you to determine what aspects of your brand need protection. For example, a restaurant may want to protect its name, logo, and signature tagline.
A comprehensive search identifies potential conflicts. While free databases exist, attorneys use professional tools that uncover similar marks that might otherwise be overlooked.
This step involves:
The application is submitted with filing fees. Errors at this stage can lead to months of delays.
A USPTO examiner reviews the application. Common outcomes include:
The mark is published in the Official Gazette. During this time, third parties can oppose the registration.
If no opposition arises, the mark is registered. Owners must:
A new tech company wanted to protect its app name before launch. Through strategic planning and comprehensive searches, the firm avoided conflicts and secured registration, supporting its rapid growth. See Why Our Firm Excels at High-Asset Divorce Litigation
When a client’s application faced opposition from a competitor, the firm presented strong evidence and arguments to the USPTO. The client successfully secured registration, protecting their brand. See Case Study: Defending a Client Against Federal Drug Trafficking Charges
A retail chain wanted to expand overseas. By filing in the U.S. first and leveraging treaties, the firm simplified international registration. See Case Study: Resolving a Complex Real Estate Title Dispute
Clients appreciate open communication. See The Client Experience: Our Commitment to Communication
We have a history of protecting business assets. See A Look at Our Verdicts and Settlements
No surprises—our transparent fees allow clients to plan ahead. See A Guide to Fee Structures for Criminal Defense Cases
Our business law team brings years of experience. See Meet Our Business Law Team
Trademarks protect your brand, reputation, and business value. While filing may seem simple, the risks of error or conflict are high. By working with an experienced law firm, you ensure your intellectual property is properly secured.
If you’re ready to protect your brand, schedule a consultation today. Your intellectual property deserves nothing less than professional, dedicated legal protection.
Trademarks can last indefinitely if they are properly maintained. In the United States, you must file maintenance documents at the 5-year and 10-year marks, and then every ten years thereafter. As long as these renewals are filed and the mark remains in use, the protection continues.
Not if another business in your industry is already using it in a way that would cause consumer confusion. However, if the same word or phrase is used in a completely different industry, it may still be eligible. For example, “Delta” is used both for an airline and a faucet company because the markets are distinct.
If your application is refused, you will receive an Office Action explaining why. Common reasons include conflicts with existing trademarks or descriptions that are too broad or generic. An attorney can help craft a response, appeal the decision, or advise whether refiling is the better option.
Yes. A word mark (text only) protects the name itself, regardless of design or font. A design mark (logo) protects the specific stylized version. Filing both ensures maximum protection, especially if you plan to evolve your branding in the future.
U.S. trademark rights extend only within the country. To protect your brand abroad, you can use mechanisms like the Madrid Protocol to file in multiple countries more efficiently. An attorney can help you determine the best jurisdictions for international protection based on your business expansion plans.
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