FAQs

• How do I trademark a name, phrase or logo?

Whether you want to register 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 RM Legal Studio, you’re hiring a licensed trademark attorney who’ll guide you every step of the way—in accordance with the USPTO recommendation at a fixed price and a fraction of what many attorneys charge.

The many benefits of working with RM Legal Studio and hiring a licensed trademark attorney include:

o   Support choosing a mark that can be legally protected, if necessary

o   Legal advice on which class(es) to file in

o   Assistance selecting an appropriate example of your trademark in use

o   Help understanding the scope of your rights and how to enforce them

o   Save time and money filing an accurate and complete trademark application

• How much does a trademark registration application cost?

Attorneys can charge thousands of dollars to complete your trademark application, but RM Legal Studio’s trademark service costs a fraction of that at just $999.99.  

*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.

• Should I register my trademark?

Whether to register your trademark comes down to a few considerations: 

o   Do you want to deter others from using your mark? 

o   Do you want national, exclusive rights to it in certain classes? 

o   If a competitor starts using a mark similar to yours, would you want a legal basis 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 helps to deter others 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 assist in proving ownership.

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.

• What’s the difference between a trademark and a registered 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). When you register your trademark you can legally use the ® symbol, however, do not use this unless you mark is registered because it will be a misrepresentation of your mark’s protection and could bar registration with the USPTO. Before registration it is wise to use the “TM” symbol next to your mark when you’d like to protect it because it puts people on notice that you intend to protect your work.

• What if the USPTO has questions about my trademark application?

If the USPTO has questions or requests more information after you submit your trademark application, both you and RM Legal Studio will receive the correspondence.

Your trademark package includes your lawyer consultation, a search for conflicting marks, drafting, and submitting your filing. Any additional assistance beyond will be billed according to your respective Engagement Letter with RM Legal Studio.

• Can I register a trademark myself?

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 registered trademark application package through RM Legal Studio, you’ll be hiring a licensed trademark attorney in accordance with the USPTO recommendation and requirement, if it applies to you.

• Is it better to trademark or copyright a name?

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, schedule a call to register a copyright with RM Legal Studio.

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’re still unsure if trademark registration is right for you, you can schedule a complimentary consultation here for more information.

• What happens if I don’t register a trademark?

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 may 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.