Trademark FAQs

A trademark is a word, phrase, symbol, and/or design "mark" that identifies and distinguishes the source of the goods of one party from those of others.

Simply put, YES! A federal trademark protects your business and brand throughout the United States and its territories. Trademarks are worth their weight in gold for the following reason: Protects against federal registration of not only identical marks, but also confusingly similar marks. Provides nationwide ownership of the mark. Your brand is protected throughout the entire United States, its territories, and possessions. Grants the right to use the registered trademark symbol (symbol shown below).

Here are some things to keep in mind: 1. If you don't trademark your brand, someone can use your brand name for the same goods, services, and products as you. 2. If you don't trademark your logo, someone can use your logo for the same goods, services, and products as you. If this makes you uncomfortable, then YES, you should trademark both your brand and logo at the same time. A trademark for your brand and logo are two separate applications. If you decide to trademark them both, you will need to pay for two separate applications.

The right time to get a trademark is as soon as you start your business.

Yes, you can! This is filed through a 1b application, also known as Intent to Use application.

Yes, it is highly recommended that you have an LLC. This way, your LLC can be the owner of the trademark, removing any personal liability from you. Belle Terre Law Firm recommends, purchasing a LLC formation and Trademark Search and Registration together. Belle Terre Law Firm will conduct a search in the trademark database first, if everything is clear, we will form your LLC. Then, we will file your trademark with your LLC as the owner.

A "class" is a category of goods or services that you want to protect your trademark for. Different goods and services fall under different classes; and similar goods and services may fall under the same class. For example: T-shirts and hats fall under the same class. However, t-shirts and coaching services fall under different classes. One class is included in my trademark package. If you need more than one class, there is an additional filing fee of $350 for each additional class. You will need one type of evidence of use for each class in your trademark application