Frequently Asked Questions
Everything You Need To Know About Trademarks
Ordering
How long does this take? Can I expedite my order? How do I know when you've filed the application?
We're a small law firm and sometimes we get sick or bogged down in litigation. We aim for a one-week turnaround time, but it may take us as long as or longer than two weeks to give you a major update, whether that means that we have a legal opinion for you, that we’ve filed your trademark application, or that we need more information. For packages that include a search and legal opinion, we generally file the application within two weeks after you’ve given us consent to file. After we’ve filed, we will email you to let you know, with proof-of-filing attached.
If you need the application filed immediately, choose any of our packages and add our expedited filing option for $150 for our Basic package or $300 for our Value and Safe packages on our form.
Once the application is submitted, we should hear an initial answer from the USPTO after four (4) months, though lately they've been taking about six (6) months because of a high volume of trademark applications. If everything goes right, you should have a fully registered trademark in 9 to 12 months, at which point you can stop using the TM symbol and start using the ® symbol next to your brand.
Why are you so much less expensive than other trademark attorneys?
There are two main reasons:
1. Ease of client acquisition. Most attorneys have a difficult time acquiring clients allows us to maximize our revenue without nickling and diming our clients for every email and conversation.
2. Trademarking doesn’t actually take that much time. The application doesn't have to take a ton of time and we are experts at responding to office actions. If a conflict search is performed prior to filing, we can avoid a lot of issues in the application process.
Do I need any documents in order to file? What information do you need from me?
No, most of our clients do not need to have any documents ready. If we need any documents from you, we’ll ask you for them after you’ve retained us.
All of the information we need from you is asked for on our online form under Get Started.
Do I have to renew my trademark after it’s registered?
Between the 5th and 6th year following registration, you have to file a maintenance document with the USPTO to keep your trademark alive. Between the 9th and 10th year following registration, you have to file a renewal for your trademark. Cost varies.
When can I use the TM and ® symbols? Am I unprotected until the application process is finished?
You can use the TM symbol whenever you want (even before filing a trademark application). The TM symbol has very little legal significance other than notifying people that you feel like you have a common law right to your mark. You can only use the ® symbol next to your trademark when it is fully registered at the federal level, so don't use it BEFORE your trademark is registered.
Two things happen when you file though. First, your application will have priority over any trademark application that has a later filing date than yours. Second, once you do reach registration, you will have retroactive trademark protection going back to the day you filed your application.
What kind of search do you perform? What databases do you use? What does your legal opinion look like?
We use an AI software that searches for partial matches, exact matches, variation is spelling and phonetics, common law, translations and more.
However, the search provides you the most value because our attorneys use their experience to advise you when the situation is unclear. We know what to search for and how to identify whether any existing problems.
We give you a summary of the potential issues with the trademark, and break it down to an estimated percent chance of reaching registration. We also evaluate whether you’re likely to be sued for using the name.
I’m a citizen or business of a foreign country and I don’t have an address in the United States. Can I still apply for a U.S. trademark?
Yes. As long as you are represented by a US-licensed attorney, there is absolutely no problem with using a foreign home address or foreign business address for a U.S. trademark application. You may file as a foreign individual or as a foreign business entity. There is no extra cost or paperwork required for foreign people and individuals.
Should I file a trademark application as an individual or as an LLC/business entity?
Either way is fine, but we can discuss the advantages and disadvantages of each on our free call.
Should I register my logo or should I register my name in plain text? What if I want to trademark both? What if my logo has my name in it?
For most businesses, the most important thing to trademark is their name in plain text. Registering the logo should usually be done as a separate trademark application. Technically you can save money and protect both your name and logo by registering the logo if it contains the name in it, but this is not recommended because if you ever change the design of your logo, you will risk losing your federal protection for the name. You can choose whether you want to trademark a word/phrase, a logo, or both using our online form.
Can you file trademarks for Amazon sellers? Can I get Amazon Brand Registry access with a pending trademark application?
Yes, we work with Amazon sellers around the world. It is extremely important for Amazon sellers to register their brands as trademarks. We'll send you confirmation of your applicaiton filing immediately so that you can begin the process.
Do I need to submit a specimen showing use of my trademark in commerce? What if I’m not selling the product yet?
If you are already using the trademark in commerce, we find your website or online listing ourselves and take a screenshot as proof of use. In the rare scenario where we fail to find this proof, we will ask you for a photograph of your product or advertising materials.
If you are not using the trademark in commerce yet, we’ll most likely need to file the application under an intent-to-use basis and if our trademark application is successful, we will have to file a follow-up specimen several months after filing, which will cost $250 per good/service class ($100 government fee plus our $150 fee for labor and payment processing) to file. If you are not using the mark in commerce yet for your goods/services within six months of receiving approval from the USPTO (called a Notice of Allowance), you can get up to five six-month extensions of time, for $200 each ($125 for the government fee plus $75 for labor and payment processing) per class.
Can I copyright a brand name or a logo?
No. You will need to trademark the brand name/logo. Copyright is under the large intellectual property umbrella but a different lane. Copyright covers literary and artistic works. Works covered by copyright range from music, technical drawings, paintings sculptures and more.
Firm
Where are you licensed as an attorney?
Can you represent me in XYZ state?
Amber Saunders is the founder and managing attorney and her main practice location is in Atlanta, Georgia.
However, being in the same location as your trademark attorney has no tangible effect on your trademark’s chances of reaching registration. US trademark rights are federal so we can work with anyone in the United States to assist with registering their trademark.
Where did you attend law school?
Amber is a graduate of Oakwood University, Atlanta’s John Marshall Law School (J.D.) and Emory University School of Law (LLM).
Do you really answer the phone?
Yes. Call us at (678) 680-4336. However, our business model primarily involves communicating by email, so that’s our preferred method of communication whenever possible. Most attorneys love speaking on the phone because they bill their clients for the time spent on the phone. On the other end of the spectrum, “legal services” companies don’t charge for phone calls because they have underpaid, under-qualified customer service representatives answering their phones.
We offer unlimited phone time for our clients (and prospective clients) at no cost, but we hope that clients understand that we are able to keep our fees low because we’ve managed to digitize most of our processes. If we are having trouble returning your call because we have upcoming deadlines or a deluge of tasks during a particular week, we urge you to put your thoughts into an email if possible. Also note that though you may call us at any time, as a policy we do not schedule phone calls ahead of time.
Packages
Is the Basic package good enough for me? I already checked and my name isn’t taken. Should I bother paying for a search?
The Basic package (filing and monitoring with no search) is meant for people who are already heavily invested in their brand names, have been selling their product for years, know that they’re not going to change it at this point, and for whatever reason don’t have a large enough legal budget to pick the Value package (which includes responses to major office actions).
The search that comes with the Value and Premium packages is valuable not because the attorney searches a database (or Google) and tells you if the name you want is taken — it’s valuable because the attorney uses their experience to advise you when the situation is unclear. We know what to search for and how to identify whether any existing trademarks and brands are problems.
Often it’s not the exact phrase being used that’s the issue, but rather a similar phrase, partial match, phonetic equivalent, spelling variation, or translation in a related, but not identical, industry.
Clients also frequently don’t realize that one of the words in their name is descriptive or generic in their industry, thus reducing the distinctiveness of their brand name.
We give you a summary of the potential issues with the trademark, and break it down to an estimated percent chance of reaching registration. We also evaluate whether you’re likely to be sued for using the name.
Should I pick the Value package or the Premium package? What is a “major” or “minor” Office Action? What is a “legal argument that might be needed to overcome a major USPTO Office Action”?
An “Office Action” is a refusal or rejection issued by the USPTO for a trademark application. Most Office Actions are “minor” or “procedural” Office Actions, meaning the USPTO examiner needs a relatively minor amendment made to the trademark application, such as a word disclaimer, a translation, a change to the goods/services classification, or a new specimen. Most trademark service providers with low initial fees earn a large portion of their revenue by charging additional fees to handle these types of Office Actions. JPG Legal responds to these Office Actions for free as part of any of our packages.
Some Office Actions are more “substantive” rather than procedural, though, and the only way to have even a reasonable chance of overturning them is by having an attorney research, draft, and file a legal argument (also known as a legal brief) in response to the rejection. We call these “major” office actions. The most common reasons for these rejections are likelihood of confusion with an existing trademark registration, mere descriptiveness or genericness of the words in the proposed trademark, or that the proposed trademark is “merely a surname”.
Only the Premium package includes the researching, drafting, and filing of legal arguments in response to major Office Actions. Normally we charge a flat fee of $850 to put together one of these arguments, because it takes time. Not only do these arguments cost a lot, but they’re only successful maybe 50% of the time. The Premium package is a sort of insurance policy that our clients can purchase before we perform our search, ensuring that if the trademark application is rejected, JPG Legal will be able to take any action necessary to overturn the refusal without cost being a factor.
Can I upgrade from the Value package to the Safe package if you tell me we’re likely to get a major Office Action after you perform your search? Can I upgrade from the Basic or Value package after getting a major refusal?
Yes, you can upgrade after you receive the legal opinion.
This upgrade option is not available once the USPTO has issued a major Office Action against the application (most commonly this means an Office Action refusing registration because of a likelihood of confusion with an existing mark or mere descriptiveness of the words in the mark). At that point, the full cost will be required if you want us to draft and file a legal brief to attempt to overturn a major Office Action. At the moment, our fee for this is $850.
How much do you charge to respond to a major Office Action if I didn't get the Safe package?
Normally we charge a flat fee of $850 to draft and file a response to a major office action that requires a legal argument, e.g. a refusal based on a likelihood of confusion with an existing mark. This price applies whether you're having us take over an application you already filed, or if you had us file the application originally, but not using the Safe package.
What if I only want a search, without the filing and office action responses?
Our trademark form offers the option to only hire us for a search (and the accompanying legal opinion) for $399. If the results of that search are largely negative, you may have us perform a second search and give you a second legal opinion for free.
What if I pay for a Value or Safe package, but I don’t end up filing a trademark for whatever reason? Can I get a refund?
Yes, you can get a full refund if you change your mind prior to our filing the USPTO application.
What if both the first search and the second search result in negative opinions? Can I get more searches?
If our legal opinions for both your first choice of trademark and your second choice of trademark cause you to want to explore a third trademark, you can order a bundle of two more trademark searches/opinions for $200 total.
Can I file for more than one class of goods/services? Should I? How much does each extra trademark class cost?
Yes, you can file for more than one class of goods/services. The USPTO charges an additional full filing fee for each class, and we charge a small amount to cover payment processing and labor, so you’ll have to pay an additional $250-350 total fee for each extra class ($250-$350 goes to the government and the rest, if any, goes to payment processing fees and labor). If you want to file an application for more than one class, we can probably figure that out from the list of goods/services you enter on our form, or you may want to mention this in the “Additional Notes” section of our trademark form.
Are there any hidden costs in addition to the fees listed on your website?
Nope. Our fees are flat fees. You'll know up front.
Note that none of our packages cover litigation costs if a third party opposes the application or sends a cease-and-desist letter because of the application. We handle some initial communication with third party opposers, but beyond that, we will have to charge our hourly rate of $300, billed in tenths of an hour. We will warn you and get your consent before charging our hourly rate. None of our packages cover formal appeals before the Trademark Trial and Appeals Board either, in the event that our argument against an Office Action is rejected.
