Trademarks and Brand Protection for Online Entrepreneurs and Independent Business Owners

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 flat fee packages run from $997 to $4,997* 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 (as of January 2021) 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 fee for one class when we file your application, and the remainder once we know that the trademark office will accept 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 be successful, we will advise you as such. If your trademark gets denied, then we will either refund 100% of the fees you have paid or prosecute your next trademark application for free, including the filing fees.

Do You Charge Extra to Respond to Substantive “Office Actions”?

Many times the attorney examining your file may issue an initial denial for a variety of reasons. If we receive a preliminary denial, we will review the reasons for the denial with you, and then determine how best to respond, including potential legal arguments. Many law firms will charge thousands of dollars to research and write these substantive legal briefs that are necessary to overcome the initial refusal.

At Hawthorn Law®, with our transparent flat fee pricing, we do not charge anything extra to prepare a substantive response – they are included as part of your legal pricing package.

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 for both our Trademark Basic and Trademark Premium packages. 

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 full refund of 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 celebrate! 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.