Trademarks and Brand Protection for Online Entrepreneurs and Independent Business Owners

Trademarks Made Easy

If you are building a brand then you need to make sure it is protected. We do the hard lifting and simplify the trademark process so you can focus on your business.

With over 20 years of legal experience, we can help you put a strategy in place to protect your business. We got this.

What Our Clients Have to Say...

We Eliminate the Risk of Trademarking your Brand

As a Trademark Law Firm, our mission is to help online businesses protect their brand and avoid expensive legal headaches down the road. For most entrepreneurs, that starts with filing a trademark application. 

If you are ready to secure the legal rights to your business name, slogan, podcast title, or signature course, we are here to help you. Click the button below to get started with a trademark strategy call.

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🗓️ Book Your Confidential Trademark Strategy Call

During your Trademark Strategy Call we will:

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Why Trademark Your Name with a Trademark Law Firm such as Hawthorn Law®?

Confirm Ownership of Your Brand

The only way to truly own your brand is with a Trademark. Call legal dibs on the exclusive rights to your brand name, slogan, and logo and stop impersonators dead in their tracks.

Enforce Your Rights

A Trademark gives you serious street cred when it comes to enforcing your rights. Nothing says “stop messing with me” like the threat of a federal lawsuit.

Use of the ® Symbol in your branding

Only registered trademarks are permitted to use the ® symbol in connection with their mark. When you receive your registration, you join this exclusive club.

The Trademark Process
(Our 4R Framework™)

Book Your Free Trademark Call
The purpose of this call is for us to get crystal clear about the brand you are trying to protect. We will then walk you through the process of how to obtain a trademark and, of course, answer any questions you might have about working with us. No pressure.
Research Your Trademark
Within 24-48 hours of hiring our firm, we will complete a comprehensive search of your chosen trademark and issue a written legal opinion on the merits of your application. If we feel comfortable proceeding with your trademark, we will let you know. If we do not feel like you will be able to register your chosen name, we will issue you a 100% refund or run an additional search at no charge.
Ready Your Application
Assuming your mark is good to go, we will start the process of preparing your trademark application. Our goal is to have your application prepared and filed within 1-2 weeks of when you hire us. If you are currently selling under your brand name, we will prepare your specimen for filing.
Respond to Office Actions
Over 60% of all trademark applications filed receive some form of office action. If we receive an office action on your file, we will consult with you on what is needed to overcome the office action and then draft a response at no additional cost to you.
Register Your Mark!
Once all office actions have been overcome, your application will be published in the Official Trademark Gazette. Assuming that nobody objects to your application (this only happens about 1% of the time), then your application will receive a Notice of Allowance (if you aren't currently selling products) or it will register. Congratulations!
Monitoring and Enforcement
Once your trademark is registered, we will automatically enroll you in our annual monitoring plan. The first 12 months are complimentary. During that time we will continue to monitor the USPTO for potentially infringing applications and keep you notified if an infringer attempts to register a similar mark.

FAQ's About the Trademark Process and Working with a Trademark Law Firm

Do I really need a Federal Trademark? What is the real risk of getting my name stolen?

The only way to make sure you have secured all of the legal rights to your name is to file a Federal Trademark. Unless or until you do that, you are playing a dangerous game of roulette. Any business can legally steal your name at anytime by filing their own trademark using your name.

And the more your business grows, the more likely it is that someone may try to encroach on your success by stealing your name.

Why Don't you Offer Free Strategy Calls Like other Lawyers?

We stopped offering a free strategy call for trademark matters for four main reasons: 1) to reduce the number of no-shows; 2) to make sure people are serious about protecting their brand; 3) so that we can have a meaningful discussion about your brand and not just advise you about the trademark process; 4) so that we can provide you with legal advice and guidance to help you save money in the long run. To read more about why we made this change, click here.

How Do I Decide What to Trademark First?

Isn't that the million dollar question? Here are some of the names that you may want to consider trademarking, and the order in which you should do so.

Your Business Name. If your business has a creative and unique name that sets you apart from the competition, then it would be smart to secure this trademark first. More than likely, this is your most valuable trademark and would cost you a significant amount of capital if it were stolen.

Your Signature Course or Service. If you have a signature program that is selling well in the market, then chances are you want to get that name trademarked. The last thing you want is to see sales dip when someone steals your name and starts generating their own sales from customers that thought they were buying from you.

Your Podcast. Do you have a podcast or even a Youtube Channel that has a unique name? These can also be protected as trademarks.

Your Slogan or Popular Catchphrase. Over time, you may develop a tagline, slogan, catchphrase or other short verbage that becomes synonymous with your business and brand. You can protect these with a trademark.

Your Logo. If you have a stylized name, we typically recommend that you protect the words only, but when it comes to logos, you can protect those as well.

Future Assets. As your business grows, you may come up with different ideas for new brands, product lines, or even businesses. Did you know it is possible to file for trademark protection before you are even selling products under that name? By doing this, you can insure that your rights are protected long before the public (or your competitors) even know what you are doing.

How Long Does the Trademark Process Take?

After you hire Hawthorn Law®, we will work with you to get your trademark application prepared and filed in 2 weeks or less. Once your application is filed, it will take 6-9 months to get assigned to an examining attorney at the USPTO. This is the longest (and hardest) part of the process as you aren't sure whether they will approve your application or make a preliminary refusal. Assuming there are no major issues, your application may take 12-18 months to proceed to registration.

What is the Investment to Secure a Trademark?

At Hawthorn Law® we only charge flat fees, so there is never any surprise about what it will cost to obtain your trademark. Our fee packages start at $1,497, depending on your needs, and payment plans are available.     

*These fees do not include the filing fees that are payable to the USPTO and are currently $350 per class applied for.

Wait, filing fees are not included in the price?

No, unfortunately. Ethically, as an attorney we cannot include the filing fees with your legal fees. Also, we do not know how many classes of goods or services you will apply for. The current fees (current as of 2024) are $350 per class. If you wish to only apply for one class, we will collect that fee before we file your trademark application. If you apply for more than one class, we will collect the fees for the total classes you include when we file your application.

Do Your Offer any Type of Guarantee? What if my Trademark is Denied?

As attorneys, we cannot make any guarantees about the outcome of your trademark filing. But what we can do is stand by our work. If, after completing our initial review of your trademark we feel that there is a strong likelihood that your trademark will NOT be successful, we will advise you as such. We offer a complimentary second search (a $497 value) and if your name is still problematic, we will work with you to find a name that will work or else refund the unused portion of your initial fees.

Do You Offer Payment Plans?

Yes! We know how important having a Federally registered trademark is to the long term success of your business. And we also realize that many startup-entrepreneurs are nervous about cash flow. That's why we offer affordable payment plan options upon request. 

What if, after reviewing the search results, I decide not to proceed?

After reviewing the results of our initial comprehensive search, if you decide not to proceed with your trademark application, we will give you the option of running a complimentary search for a new name, or requesting a refund of any unused fees paid.

When can I start using the ™ or ® Symbols with my name?

You may begin using the ™ symbol right away, (or SM if you are selling services), even before you file a trademark application. Once your trademark registers you may begin using the ® symbol (and not before). Many people make the mistake of using these symbols improperly – but now you know better!

What if I'm not currently selling under the name I want to protect?

One of the great things about the Federal Trademark system is that you can file an “intent-to-use” application. This means that you can stake your claim to a name BEFORE you are actually using it in commerce. Since the Trademark system is a “first to file” system, this allows you to be the first in line to secure the legal rights to that name so that when you do start selling you can hit the ground running. Note that there is an additional fee of $100 per class to file an intent to use application, but this small fee is worth the extra peace of mind you get by securing the legal rights to your chosen name.

What if I am a Digital Nomad and I don't live in the United States?

When you receive a Federal Trademark, you receive a bundle of legal rights that only extend to the borders of the United States. So if you decide to sell your products in Europe for example, you would have to also apply for trademark protection in the geographic area where you are selling your products or services. However, many digital nomads and online entrepreneurs operate US-based businesses from outside of the United States.

What if I notice another business infringing on my Trademark while my application is pending?

This is a commonly asked question and there is no absolute answer. Generally speaking, however, we recommend that you wait to pursue your trademark rights until AFTER your trademark has registered. If you send a cease and desist letter prematurely, you run the risk of “tipping off” the competitor and inviting them to intervene in your trademark application by objecting or filing a motion to cancel your application, or even to file their own competing application. It is much easier and cost effective to wait until your trademark has registered to enforce your legal rights. 

What happens after my Trademark is Registered?

First, we toast to your success! 🎉 After a long and winding road, a celebration is absolutely in order. From there, we will forward you an electronic registration certificate, provide you with helpful legal information about how to protect your new trademark, and advise you on what to do next. In addition, you will receive one year of complimentary trademark monitoring by our firm.

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