Skip to content

Claim

From a name on a notepad to an application on file

Everything that comes before the first order ships, and a little after.

A name feels yours the moment you choose it. The law decides later, by asking who used it first, in what field, and whether the Trademark Office finds it too close to another. I check those things before you spend money on the sign, the packaging or the domain.

If the name clears, I file the application and answer the examiner’s letters. Copyright is simpler: I register the work that matters most and put the ownership of the rest in writing.

  • A search of the federal register, state records and the open web

  • A written read of the risks, in plain words, before you commit

  • The application, drafted and filed in the right classes

  • Answers to the examiner’s letters

  • Copyright registration for a first work

  • Assignments from freelancers and co-founders

A woman writing on papers at a table among shipping boxes and a rack of clothes

The path of an application

  1. 01

    Step 1: Search

    I look for your name, near spellings and similar sounds in your field, then write up what I found and what it means.

  2. 02

    Step 2: Decide

    You choose: file as it stands, adjust the name, or walk away. If I think the odds are poor, I say so before you pay for an application.

  3. 03

    Step 3: File

    I file in the classes that cover what you sell, and send you a copy of everything that goes to the office.

  4. 04

    Step 4: Wait

    An examiner reviews it some months on, and may write back. I handle the letter and explain it. Registration is the office’s decision, never mine to promise.

How each step is priced

Each job is a fixed fee, quoted in writing before I start. The offices’ own fees are listed apart and billed at cost.

  • Search and written opinion

    One fee per name you are weighing.

    • Federal register, state records and web search

    • Written opinion on the risks

    • A call to talk it through

  • Trademark application

    One fee per class of goods or services, through the first examiner’s letter.

    • Application drafted and filed

    • Reply to the first examiner’s letter

  • Copyright registration

    One fee per work: a song, a design, a manuscript, a piece of software.

    • Application prepared and filed

    • Deposit copy checked

Government fees are set by the offices, change from time to time, and are confirmed in the written quote before anything is filed.

Asked before the first search

Do I have to register a name to use it?

No. Using a name in business gives you some rights where you use it. Registering widens them to the whole country and puts your claim on the public record, which is what most people want before they spend on packaging.

What is a class?

The Trademark Office sorts goods and services into numbered classes. A skin-care line and a podcast about skin care sit in different ones. I choose the classes with you, because each one adds a government fee.

When do I write TM, and when the circled R?

TM can go on any name you use as a brand. The circled R is for registered marks only, and using it before then can cause trouble. I will tell you when the switch is safe.

Can I file this myself?

Yes, and many people do. The risk is in the choices that look small: the classes, the wording, the name you searched for and not the one you meant. If you would rather have a second pair of eyes first, a search and opinion costs less than most reprints.

Send the name you are weighing

A line or two about what you sell and where is enough to start.