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Filing Your Trademark Protects
Your Brand And Allows You To:
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Own your brand name nationwide so copycats can't claim it later or prevent you from claiming it as you grow.
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Use the ® symbol on your brand, which warns others you’re protected and means business.
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Make takedowns easier on marketplaces like Amazon because your registration unlocks brand tools and faster removals.
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Remove fake or infringing pages on Meta, Instagram, and other social media accounts.
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Take infringers to federal court and, in serious cases like counterfeiting, pursue stronger money remedies.
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Stop fakes at the border by recording your mark with U.S. Customs so counterfeit imports get blocked.
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Use your U.S. registration to expand overseas more smoothly and claim priority when you enter new markets.
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Build brand value you can license, partner with, or even sell, as a real, recognizable business asset.
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Avoid costly rebrands by showing up in searches that deter others from picking similar names in the first place.
What's Included in The Trademark Package
Intake call
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A strategy kickoff call aligns brand goals, goods/services, filing basis (use or intent‑to‑use), and a realistic registration timeline so expectations are clear from day one.
Comprehensive search
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A full clearance search covers federal (USPTO), state, common‑law uses, domains, and social handles to spot conflicts early and avoid costly rebrands later.
Search analysis
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You receive a written report with plain‑English risk ratings, confusingly similar marks, and recommendations so you can choose the safest, smartest path to file.
Results review
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A live review walks through findings, answers questions, and confirms go/no‑go decisions or refinements to the name/logo before filing.
Application filing
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Your application is drafted and filed with accurate identifications, correct classes, and proper specimens (if in use) to minimize delays and refusals.
Office actions
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Non‑substantive office action responses (e.g., ID edits, disclaimers, ownership details, translations) are included to keep the application moving forward.
Marketplace readiness
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Post‑registration guidance helps with brand‑registry onboarding steps and best practices so platform takedowns move faster when issues arise.
100% Money Back Guarantee
If your brand isn’t available to trademark after a full search, the firm will refund 100% of firm legal fees or keep searching additional names/logos at no extra firm cost until a registrable mark is found, at your choice.
If the firm files and the application does not reach registration, the firm will refund 100% of firm legal fees or apply them as full credit to help you pivot to a stronger mark and refile, at your choice.
END TO END BRAND PROTECTION SERVICES
Trademark Monitoring & Enforcement
I actively monitor federal trademark databases, eCommerce sites, and online listings to detect conflicts before they cause harm. Whether it’s sending a cease-and-desist, filing an opposition, or pursuing enforcement, I make sure your trademarks are protected, not just registered.
Digital & Marketplace Brand Protection
Counterfeit sellers and unauthorized resellers can dilute your reputation fast. Our team patrols major platforms like Amazon, Etsy, Alibaba, and social networks to locate misuse and stop it. I handle takedown submissions, coordinate with platform legal teams, and protect your sales channels from infringement.
Domain Recovery & Cybersquatting Disputes
Your domain is your digital real estate. I make sure no one steals it. I file UDRP and ACPA complaints, recover hijacked domains, and shut down sites exploiting your trademarks or confusing consumers.
Defense Against Wrongful Take-Downs
If a competitor or rights holder unfairly targets your listings or content, I step in to challenge it. I evaluate the claims, prepare counter-notices, and negotiate directly with platforms to get your rightful listings restored.
Intellectual Property Strategy & Portfolio Development
I take a long-term view of your brand assets. Our firm identifies protection gaps, registers key trademarks, patents, and copyrights, and develops an IP strategy that aligns with your business growth and market goals.
Licensing & Partnership Agreements
Sometimes enforcement isn’t about conflict, it’s about opportunity. We turn infringers into legitimate partners by creating licensing programs that generate revenue, formalize relationships, and protect your IP rights at every step.
Litigation & Dispute Resolution
When brand protection escalates beyond negotiation, we’re ready to litigate. From injunctions and damage recovery to full IP lawsuits, Yomtobian Law is equipped to defend your brand in court and hold infringers accountable.
Anti-Counterfeiting & Enforcement Operations
I collaborate with investigators, eCommerce platforms, and enforcement agencies to identify and dismantle counterfeit networks. Our firm coordinates seizures, stops illicit manufacturing, and ensures counterfeiters face consequences.
Frequently Asked Questions
How long does the trademark registration process take?
The federal trademark registration process typically takes 6 to 12 months from filing to registration, though this timeline can vary based on several factors. Applications that encounter office actions or opposition proceedings may take longer to complete. My systematic approach and experience with USPTO procedures help minimize delays and ensure your application proceeds as efficiently as possible.
What's the difference between a trademark and a service mark?
Trademarks protect marks used in connection with goods (physical products), while service marks protect marks used in connection with services. The application process and legal protections are identical—the distinction is purely based on whether you're selling products or providing services. Many businesses use both trademarks and service marks to protect different aspects of their operations.
Do I need to register my trademark to have rights?
While federal registration provides the strongest protection, trademark rights can arise from actual use in commerce even without registration. These "common law" rights are limited to the geographic areas where you use your mark and can be difficult to enforce. Federal registration provides nationwide priority, legal presumptions, and access to federal courts for enforcement.
How much does trademark registration cost?
Trademark registration costs vary based on the number of classes of goods and services, the type of application, and whether you encounter office actions during prosecution. My comprehensive service includes all aspects of the registration process, from clearance searching through final registration. I provide transparent pricing and detailed cost estimates for every client.
Can I register a trademark for a business name I'm not using yet?
Yes, you can file an "intent-to-use" application for a mark you plan to use in the future. This allows you to secure priority for your mark before you begin using it in commerce. But, you must begin using the mark and submit evidence of use before the USPTO will issue your registration.
What happens if someone opposes my trademark application?
Opposition proceedings are relatively rare, but when they occur, they require skilled legal representation. I have experience defending trademark applications in opposition proceedings and work strategically to protect your interests while minimizing costs and delays.
How do I know if my proposed trademark conflicts with existing marks?
This is exactly why comprehensive clearance searching is so important. My professional clearance searches examine multiple databases and resources to identify potential conflicts before you file your application. I provide detailed analysis of any conflicts discovered and strategic recommendations for moving forward.
Can I trademark a logo and business name separately?
Yes, many businesses choose to register both word marks (for their business or product names) and design marks (for their logos) to ensure comprehensive protection. This strategy provides maximum flexibility and protection for all aspects of your brand identity.
What's the difference between the ® and ™ symbols?
The ® symbol can only be used with federally registered trademarks and indicates that your mark is registered with the USPTO. The ™ symbol can be used with any mark you're using as a trademark, whether registered or not. Using the ® symbol without federal registration is illegal and can result in penalties.
How long do trademark rights last?
Unlike patents or copyrights, trademarks can last forever as long as you continue using them and maintain your registrations properly. You must file maintenance documents between the fifth and sixth years after registration and renew your registration every ten years thereafter.
When can a mark be rejected for registration?
Unfortunately, not every desired mark can be federally registered. Under federal law, trademarks can be rejected if they are:
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confusingly similar to trademarks that are already registered or pending;
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merely descriptive of the specific goods or services or misdescriptive (meaning they deceptively misrepresent or falsely describe the goods or services);
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generic;
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immoral, deceptive or scandalous; or
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disparaging or falsely suggest a relationship with a person (living or dead), an institution, a belief, or a national symbol, including any mark which brings them into contempt or disrepute.
Remember that even if a trademark is granted it can be subsequently cancelled or revoked.
How is a Trademark enforced?
Trademark owners are responsible for protecting and enforcing their mark. A third-party who infringes or dilutes a trademark may be subject to legal action and significant damages. Owners can protect their rights by sending a cease and desist letter, commencing a lawsuit, participating in proceedings before the USPTO, coordinating enforcement with the United States Customs and Border Protection, issuing take down-notices and filing a Uniform Domain Name Dispute Resolution Policy complaint.
What are the different types of Trademarks?
There are several different types of marks that can be trademarked. These include:
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Word mark. A “word mark” is a trademark that is a word or phrase. This type of trademark protects the words themselves, rather than how the words appear in a design or an image. Some examples of word marks include a brand name, slogan, phrase or tagline. The USPTO categorizes such trademark as a “standard character mark.”
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Design mark. A “design mark” is an image that creates brand recognition, such as a logo. This type of trademark protects the visual elements of a brand (i.e., a logo) regardless of the words that may appear in the image.
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Slogans. A "Slogan" is an advertising phrase or catch phrase used to promote a product or service. Examples includes "Just Do It" by Nike, and "I'm Lovin' It" by McDonald's.
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Composite mark. This is a mark that is a combination of words and design, like a stylized font for a brand name.
Trademark Blog
Schedule Your Strategy Session
Your name, logo, and brand are valuable assets. Don't wait until it's too late.
Your brand represents more than just a name or logo. It embodies your vision, your values, and your promise to customers. Don't leave its protection to chance. Schedule your complimentary strategy session today and discover how our exclusive 52-step system and proven track record can secure your trademark rights and support your business growth.
During your strategy session, we'll:
•Analyze your trademark needs and business objectives
•Discuss potential challenges and opportunities
•Explain our systematic approach to trademark protection
•Provide initial strategic recommendations
•Answer all your questions about the trademark process
Ready to Transform Your Brand Protection Strategy?
Join the growing number of successful businesses that trust Yomtobian Law for their trademark protection needs. With my exclusive 52-step system and strategic approach to IP protection I'm ready to help you secure your brand's future.
Your brand deserves the best protection. You deserve peace of mind.
Contact us today and take the first step toward comprehensive trademark protection.