USPTO Trademark Registration

The Strongest Legal Protection Available for Small Business Brands

WHY DOES YOUR SMALL BUSINESS NEED FEDERAL TRADEMARK PROTECTION? 

Your brand is your most valuable asset. As a small business, that asset is vulnerable to other businesses with the resources to capitalize on your hard work. Registering your brand identifiers with the United States Patent and Trademark Office (USPTO) is an investment that will provide you with protection and peace of mind as your business grows. Registration with the USPTO benefits small businesses in the following ways:

• Provides your small business with the strongest legal tools available to protect against brand infringement.

• Develops positive brand reputation in the marketplace.

• Levels the playing field against established competition.

• Creates a tangible asset by which your business can be valued.

• Creates peace of mind that your brand is on a solid legal foundation.

What is eligible for trademark registration?

Any brand identifiers unique to your business and used in commerce may be eligible for federal trademark registration. Brand identifiers include but are not limited to the following:

• Words
• Logos
• Slogans
• Smells
• Sounds

The more unique and original your brand identifiers are, the more protection it is likely to receive from the USPTO. The spectrum of marks in order from strongest protection to no protection can be summarized as follows:

• Coined Terms – These are terms that are completely new and made up terms. For example, Exxon® for gas or Kodak® for camera film.

• Arbitrary Terms – These terms are real words but are not related to the goods or services attached to them. For example, Apple® for computers.

• Suggestive Terms – These are words that relate to the goods or services but are not descriptive of the goods or services. For example, Coppertone® for sun tanning products.

• Descriptive Terms – These are words that describe a good or service. For example, “Sports Illustrated” is descriptive of a sports magazine. These terms are typically afforded less protection from the USPTO.

• Generic Terms – These are common terms used as the general name for a product of service. For example, "laptop" for a computer. These terms are afforded no protection from the USPTO.

How much does it cost to register a trademark with the uspto?

Most USPTO filing fees are based on the number of classes that you are attempting to register under. For TEAS Plus applications, which cover the majority of goods and services, the USPTO charges a filing fee of $250 per class. If your application is submitted under an intent to use basis, then there will be an additional filing fee of $100 per class when you submit the specimens of use. 

Can i register a trademark myself, without an attorney?

Many people attempt to file trademark applications themselves or use one of the many DIY services like LegalZoom instead of hiring an attorney. While these DIY applications may turn out perfectly fine,  there are significant risks with failing to properly register your mark. Errors made when analyzing a search, selecting appropriate classes, and formatting specimens of use can lead to rejection, opposition, and potentially the cancellation of your mark. For a small business, rebranding due to a mark rejection or cancellation can be devastating from a cost and consumer goodwill perspective. 

how we help

Alex works with small business owners that want to register their small business trademarks properly and efficiently. Alex's goal with every trademark matter is to obtain the strongest federal trademark protection available for his small business clients . Alex's Flat Fee Trademark Registration Package is designed to be accessible and transparent to small business owners. The Trademark Registration Package is comprehensive and there are no hidden fees or costs. Book a Free Call with Alex or fill out the form below for more information on how Alex can help secure your small business brand.

Contact Alex

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Thank you for taking the time to reach out. I will contact you by text or email within 24 hours and plan from there. In the meantime, feel free to follow the link below to schedule a free consultation by phone or Zoom. https://calendly.com/toporeklaw/consultation -Alex

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Office Address

602 Rutledge Avenue
Charleston, SC, 29403, US

Mailing Address

Post Office Box 21498
Charleston, SC 29413

*Alex is a licensed member of the South Carolina Bar. Alex's practice outside of SC is a limited federal law practice before the USPTO.

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