Question 1

How much does it cost to trademark a name in the US?

Accepted Answer

Proper IP charges a flat $995 attorney fee that covers a clearance search, strategy, and preparing and filing your application. The USPTO then charges a government filing fee of $350 per class of goods or services, billed at cost. A single-class filing is $995 plus $350. There is no hourly billing and no surprises.

Question 2

How long does it take to register a trademark?

Accepted Answer

Usually about a year, sometimes longer. After you file, the USPTO assigns an examining attorney (currently several months out), reviews the application, publishes it for opposition, and issues the registration if all goes smoothly. Office actions or third-party oppositions add time. We monitor the timeline so you do not have to.

Question 3

Do I have to be using my brand name before I can trademark it?

Accepted Answer

No. U.S. trademark rights are ultimately based on use, but you do not have to be using the name yet to file. If you are already selling under it, you file on a use in commerce basis. If you are planning to launch, an intent to use application reserves the name now and lets you prove use later. We will confirm which basis fits.

Question 4

What is the difference between registering an LLC and trademarking my name?

Accepted Answer

They are not the same, and this trips up a lot of founders. Forming an LLC or reserving a business name with your state registers your legal entity. It does not give you trademark rights or stop a competitor from using your brand name. A federal trademark is what actually protects the name your customers know you by, nationwide.

Question 5

Do I need an attorney to file a trademark?

Accepted Answer

If you are a U.S.-based applicant, the USPTO lets you file on your own. But the details are where applications go wrong: the wrong owner, an over-broad description, a weak specimen, or a missed conflict can void a registration or trigger a refusal. Attorney review catches those before you file. Foreign-domiciled applicants are required to use a U.S.-licensed attorney.

Question 6

What is a trademark class, and how many do I need?

Accepted Answer

The USPTO sorts goods and services into 45 classes, and you file in the class or classes that match what you actually sell. A software company might need one. A company selling both an app and merchandise might need two. Each class carries its own $350 government fee, so getting the number right matters. We help you choose.

Question 7

What is a clearance search, and why does it matter?

Accepted Answer

It checks whether anyone already holds rights to a confusingly similar mark before you spend money filing. It reduces the risk that the USPTO refuses your application, or that another brand comes after you later. It is the cheapest step in the process and the one that prevents the most expensive mistakes.

Question 8

Can I trademark my logo and my name?

Accepted Answer

Yes. A word mark protects the name itself in any font or color. A design mark protects a specific logo. Many brands protect both, and we will advise which makes sense for you.

Question 9

Is Proper IP a law firm?

Accepted Answer

Yes. Proper IP is a brand of Proper Counsel PLLC, a New York law firm. Your filing is handled and reviewed by Martin S. Hui, a licensed attorney admitted in New York and qualified to represent applicants before the USPTO.

Question 10

What happens if my application is refused?

Accepted Answer

The examining attorney can issue an office action raising an issue, commonly a likely conflict, a descriptiveness objection, or a specimen problem. Many can be answered successfully. No one can guarantee registration, but a clearance search up front and careful drafting greatly reduce the odds.

Trademark questions, answered plainly.

How much does it cost to trademark a name in the US?

How much does it cost to trademark a name in the US?

How long does it take to register a trademark?

How long does it take to register a trademark?

Do I have to be using my brand name before I can trademark it?

Do I have to be using my brand name before I can trademark it?

What is the difference between registering an LLC and trademarking my name?

What is the difference between registering an LLC and trademarking my name?

Do I need an attorney to file a trademark?

Do I need an attorney to file a trademark?

What is a trademark class, and how many do I need?

What is a trademark class, and how many do I need?

What is a clearance search, and why does it matter?

What is a clearance search, and why does it matter?

Can I trademark my logo and my name?

Can I trademark my logo and my name?

Is Proper IP a law firm?

Is Proper IP a law firm?

What happens if my application is refused?

What happens if my application is refused?