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FAQs
Below are answers to a few frequently asked questions. If you would like help, please schedule a free consultation!
What Is a Trademark?
A trademark is a way to protect anything that is unique to your brand that you use to signal your brand to customers. If you have a logo, trade name, slogan, color, design, smell, or even sound that you use to distinguish your goods or services from your competitors a trademark can be used to protect that brand identifier. It is important to note that a trademark is only available for goods or services that you offer to a consumer. Proof of use in commerce (advertising or promotional material showing that you are using the trademark in connection with a good or a service offered to others) will be required to finalize a trademark registration. If you are trying to trademark something but have no intention of offering a good or a service to others, then a trademark is not the right choice for you.
Why Get a Trademark?
Registering your trademarks will help you prevent other competitors from using these elements that distinguish your brand. It helps prevent “knock-offs” and discourages others from attempting to steal your customers by using confusingly similar brand identifiers.
I’m Low on Funds, Do I NEED a Trademark?
No. There is no rule or requirement that you get a trademark to conduct business. Trademarks add value to your business but they are not, strictly speaking, a necessity. If you are trying to decide between purchasing a trademark and feeding your family, the trademark can (and should) wait. Starting a business is expensive and it’s important to keep costs lean. If you don’t have the ability to obtain a trademark at the startup of your business, I strongly recommend performing a search of the USPTO database to make sure your trademark is not already being used as this can save you some headache (and the money you would spend on rebranding) down the road. You can perform your own search using the TESS system (link here). Remember to look for all potential issues, and don’t just focus on exact matches. A good rule of thumb is to consider customer confusion when reviewing searches. Could a customer think the businesses might be affiliated or accidentally purchase from the wrong company? Are the goods/services offered related enough that most people would expect to see them sold by the same source? If you feel overwhelmed but do not want to pay for a full trademark, you can purchase a search and consultation for me to conduct and review with you. Schedule a consultation if you wish to explore this option further.
What is the scope of Representation?
What is the scope of Representation?
This is a big one. You are paying a fee for services rendered. Do those services include the full trademark process or just the initial application? Are other services priced as add-ons or are they included in the price you originally pay? If there is an hourly fee involved, how many hours are estimated for completion? Unfair pricing tactics and scams abound in the trademark industry. A full fee schedule for Iconic Trademarks services is available with details regarding what each option covers. If you have any questions regarding the fees or what services are included, please schedule a free consultation or reach out here. It is our goal at Iconic Trademarks to create a holistic approach to trademark law. We understand that all businesses, from start-ups to fortune 500 companies, operate on a budget. We will clearly communicate all fees and costs reasonably expected with your trademark so that you know exactly what to expect.
What additional fees could arise?
Trademarks are typically split up into two separate fees: the fees assessed by the USPTO and the fees that you pay someone to prepare your trademark. USPTO filing fees are clearly stated on the USPTO website (see here) and are typically charged per class of goods and services claimed. There is a filing fee (per class) and there could be additional fees such as a Statement of Use fee (per class if you are filing an intent-to-use trademark) or petition to revive fees (per class) if you fail to meet a deadline. The filing fees are set by the USPTO and are clearly outlined on the USPTO.gov website. I strongly encourage anyone seeking a trademark to double-check filing fees with the USPTO prior to paying, especially if using a provider who is not a licensed attorney.
The second fee is the fee you pay to your trademark service provider. The scope of representation above should help you determine what price is right for you. Are you looking for someone to help you navigate the form of the application, but you want to handle any further issues on your own? If so, a DIY offering or an application-only scope of representation may be best for you. If you are looking for more holistic help, you may seek a full-service trademark. Make sure when you are paying third-party providers that you understand exactly what you are paying for. Too often I see trademark applications abandoned because the Applicant did not understand that they no longer had attorney assistance. Make sure that you are fully aware of ALL of the costs foreseeable with your trademark before proceeding with any third-party providers.
Who will be working on my behalf?
This is another serious question that could drive up (or down) the cost of getting your trademark. Is your trademark being prepared by a licensed attorney? An “intake specialist” or “fulfillment agent”? Some random guy named Jeff? Or worse, is it being prepared by an AI or “bot” program that spits out a prepared application based on information you put into a questionnaire? You can always file trademarks without representation, so if you are filing with an advisor or third-party provider you’re paying extra money for the expertise that advisor can offer. The money you spend should correlate to their level of expertise. Don’t pay Jeff unless you know he’s an expert and that he will be the one advising you and performing the work.
When does the representation end?
This ties in with the Scope of Representation, but is big enough to have it’s own space. Is your attorney going to withdraw as attorney of record at a certain point? Or will they stay on until your maintenance period (6 years after your registration certificate period issues)? Do they have policies for notifying you about the trademark’s maintenance requirements in six years? Or are they taking your money now just to leave you hanging later? I regularly see abandoned trademarks on the USPTO registry that seem to have abandoned because a law firm or third-party provider was listed as the attorney of record and is no longer actively monitoring the trademark, so USPTO notices were ignored. Many large firms and online trademark companies tend to overlook established clients in their pursuit of new business. Once you’ve paid and filed, your trademark is no longer a priority because you no longer generate “new income” for the company. At Iconic Trademarks your continued success is our number one priority. We will make sure that you fully understand all communications from the USPTO and that, in the event we no longer act as your attorney of record, new contact information is shared with the USPTO and you so that you do not miss deadlines to keep your trademark active.
