Trademark questions, answered.

A trademark identifies the source of goods (physical products), while a service mark identifies the source of services. They work the same way legally and are registered through the same process, which is why both are commonly called trademarks. A brand name, logo, or slogan can be protected as either, depending on whether you sell products, services, or both.

A federal registration with the United States Patent and Trademark Office gives you rights across the entire country and is the right choice for most businesses that sell across state lines or online. A Texas state registration, filed with the Texas Secretary of State, only protects your mark within Texas. We handle both and can advise which fits your business at your free strategy call.

A USPTO examining attorney typically takes several months to first review an application — currently about four and a half months. If there are no refusals or objections, registration often takes roughly eight to fourteen months from filing. If the examiner raises issues in an office action, the timeline can be longer.

A clearance search checks existing federal, state, and common-law marks to see whether your proposed name, logo, or slogan is likely to conflict with one already in use. Searching before you file helps you avoid a refusal, an infringement dispute, or the cost of rebranding after launch. We run a clearance read on your proposed mark and share it on the initial call.

The USPTO charges a government filing fee for each class of goods or services your mark covers — a few hundred dollars per class — which is separate from attorney fees. Because cost depends on how many classes you need and whether the application draws an office action, we discuss a clear scope with you before any engagement. The initial strategy call is free.

An office action is an official letter from the USPTO examining attorney refusing registration or raising a legal or procedural issue with your application. You generally must respond by the stated deadline — typically three months — or the application goes abandoned. Responding to office actions, including substantive refusals such as likelihood of confusion, is a core part of what we do.

Yes. Simply using a mark in commerce can create limited common-law rights in the geographic area where you operate, and you may use the ™ symbol without any registration. Federal registration provides stronger, nationwide protection, the right to use the ® symbol, and important legal advantages if you ever need to enforce your mark.