Are You Ready to Protect Your Brand?
At Hawthorn Law®, we know Trademarks…
…And using our proprietary 4R™ Filing Framework, we can help you claim the legal rights to your brand name and legitamize your business so that you never have to worry about getting caught off guard by a scary cease and desist letter and being forced to rebrand your entire business at a huge cost. (‘cuz that would suck).
Imagine Losing Your Business in the Blink of an Eye...
That's what can happen if you don't trademark your brand.
And that's because if you don't own your trademark, you don't have any legal rights to the name of your business, your podcast, your slogan, or even your signature online course.
I know what you are thinking. When you first started your business, you did a trademark search and found a great domain. So that means you have common law rights… right?
Unfortunately, that is not how the trademark system works. And if you don't secure your rights to your name as soon as you start using it by filing a trademark application, you could be putting your business in serious legal jeopardy.
Get Peace of Mind Knowing Your Name is Secured
Right now, it is taking a historically long time for the USPTO to process trademark applications.
But the most important part of the process is getting your application filed accurately and quickly.
This is because the Trademark system is a “first to file” system. That means that the first business to file a claim for a certain name will have the legal rights to that name.
For this reason, it is our goal to receive, review, research, draft and file your trademark application as quickly as possible once you hire our firm. In most cases, we should be able to get this done in as little as two weeks.*
But there is a lot of work that goes into making sure we do this correctly. We will run a comprehensive search to make sure your name is not deceptively similar to another name (which could lead to a refusal), review the results of that search and explain them to you in plain English.
In addition, we will work with you to make sure the description of your goods or services is not too broad or too narrow for what you are selling. We want to get it just right.
Filing a trademark is not for the faint of heart, but with the help of Hawthorn Law, we can make it easy and, dare we say, fun!
Stop Worrying about your Name and Start Focusing on What YOU are Good At
Filing a trademark is a long and arduous process. But you chose to become an entrepreneur, not go to law school.
When you hire Hawthorn Law, we will assume the stress and anxiety that comes to worrying about whether your trademark application is handled correctly. We have been filing trademarks for clients since 2016 and are familiar with the ins and outs of the system.
We strive to make this process as painless as possible for you. We don't talk in legalese, and you can communicate with us whenever you have questions about your application. In addition, after your application get's filed we will send you an update at least once a quarter to let you know where things stand… even if nothing has happened on your file.
You should be focusing on your business, not managing your trademarks.
Stop Waiting for the Shoe to Drop... Grab Your Name Today...
At Hawthorn Law®, Our Signature 4R™ Filing Framework Will Get You Legal in No Time
Since 2016, Hawthorn Law® has been working with client's to protect their brand names. During that time, we have developed a proprietary framework that we call the 4R™ Method. Here is how we use this system to maximize the probability that you will have your Trademark registered as quickly as possible.
Step 1 – Review and Research
First we will collect some preliminary information from you about the trademark you are seeking to register, as well as the products or services you are currently selling under that brand name. With this information, we will determine that your chosen mark is capable of being registered and then will conduct a comprehensive search to make sure your mark is not deceptively similar to other names that are currently being used or are registered in the marketplace.
Step 2 – Ready Your Application
Next we will painstakingly prepare your application for filing. Once ready, we will send it to you for a final review and approval before we file it.
Step 3 – Respond as Necessary
Within 6-9 months, your application will be assigned to an examining attorney at the USPTO. They will do one of several things with your application. They may ask for additional information or clarification about your application, they may refuse your application, or they may prepare your application for publication. Regardless of what steps they take, we will prepare all written responses on your behalf.
Step 4 – Register Your Mark
After your mark has been published for opposition, it will register. Congratulations! You now own the legal rights to your brand name.
Should You Book a Strategy Call?
The best way to determine whether a trademark is the right thing for your business right now is through a strategy call with Attorney Jim Hart.
The last thing we want you doing is wasting time and money on a trademark that is not capable of being registered. During this call we can review your chosen name, and help you decide whether it makes sense to proceed with a trademark filing. So what can you expect on this call?
1) Strategic Guidance
We will review your intellectual property assets and help you to determine which assets you should protect first. If you have a name that isn't legally capable of being trademarked, we will tell you that too.
2) A Solid Guarantee
At Hawthorn Law®, we won't just take your money and blindly file your trademark without any research like some “trademark filing services” will. We will take the time to research your chosen mark and evaluate its likelihood of success. If we don't think it will register, we will tell you that. And if we think it will register, but it doesn't, then we will file your next trademark for you absolutely free.
3) No Sales Pitch
Our goal for this call is not to try and sell you on why you need a trademark – rather it is to look critically at your business, determine where you might be exposed to unnecessary risk, and provide you with a plan of action to get legally protected. If we can't help you, we will tell you. If we can, then we will work with you to find an option that works for you and your budget.
Stop Waiting for the Shoe to Drop... Grab Your Name Today...
FAQ's About the Trademark Process
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 18-24 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 $1,997 to $2,997* 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. Once we know that the trademark office will accept your application, well will collect the additional fees from you and pay them on your behalf.
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 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 Max 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 (less the cost of the search).
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 this symbols improperly – now you know how to use them properly!
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, 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 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.