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WILLIAMS LAW

Frequently Asked Questions

Below you’ll find answers to our most frequently asked questions. If you do not find the answer you are looking for, please visit our contact page.

How long is the trademark application process?

The trademark application process generally takes between 12 and 18 months. In some cases, it could take longer. To see the USPTO’s current trademark processing wait times, visit their website here.

Can you be my attorney, even if I am not located in Colorado?

Yes! Federal law governs federal trademark registration, so we can work with clients across the United States in preparing and filing their trademark applications. Our attorneys are licensed in Colorado, so when it comes to contracts and other state business strategy and protection needs, we work solely with Colorado-based businesses. For contract drafting or other legal matters, you should consult an attorney licensed in your jurisdiction. Looking for templates? Visit the contract template shop here.

How do your services differ from Legal Zoom?

LegalZoom and other similar document preparation services are not law firms or a substitute for an attorney. They cannot provide you with any type of legal advice, explanation, opinion, or recommendation about possible legal rights, remedies, or strategy recommendations when it comes to your trademark application. If you mess up anything on their forms, they can't fix it. So, if you make a mistake, they will file your trademark application that way and they'll charge 10x more than what a normal attorney would to fix your mistake.

which flat-rate package is right for me? 

We created three flat-rate trademark packages to fit the needs of different budgets and different levels of client-involvement:

     • We recommend the "Basic Trademark Package" for clients who intend to be involved in seeing their application through, but
       want us to handle non-substantive communications from the USPTO.
     • We recommend the "Search Plus" package for clients who want us to handle the entire trademark application process, from
       non-substantive to substantive Office Actions, and monitoring the trademark application throughout the entire process.
     • We recommend the "Search and Watch" package for clients who want post- registration support, to monitor the USPTO's     
       database to ensure nobody files for the same or a similar trademark.

If you select a package and find out you need more support later, we can offer you additional services at our hourly rate. To discuss which flat-rate package is best for your particular needs, please schedule a consultation on our contact page!

We created three flat-rate trademark packages to fit the needs of different budgets and different levels of client-involvement:

   • We recommend the "Basic Trademark
     Package" for clients who intend to be
     involved in seeing their application
     through, but want us to handle non-
     substantive communications from the
     USPTO.
   • We recommend the "Search Plus"
     package for clients who want us to
     handle the entire trademark
     application process, from non-
     substantive to substantive Office
     Actions, and monitoring the
     trademark application throughout the
     entire process.
   • We recommend the "Search and               Watch" package for clients who want post-registration support, to monitor          the USPTO's database to ensure nobody files for the same or a similar        trademark.

If you select a package and find out you need more support later, we can offer you additional services at our hourly rate. To discuss which flat-rate package is best for your particular needs, please schedule a consultation on our contact page!

Do your packages include filing fees?

Yes, each package includes the filing fees for one class of goods or services. Additional classes of goods or services require an additional $250-$350 filing fee, as imposed by the USPTO.

If I have the LLC, do I still need the trademark?

You can have the LLC name, the domain name, and even the social media handle, but all of those things are not 𝘢𝘤𝘵𝘶𝘢𝘭𝘭𝘺 protecting your brand. Using your business name may give you what are called “common law” trademark rights, but these rights are limited and will not stop a competitor from using the same name in another state, for example... or, worse, applying for and securing the federal trademark registration before you.

If I have the LLC, do I still need the trademark?

You can have the LLC name, the domain name, and even the social media handle, but all of those things are not 𝘢𝘤𝘵𝘶𝘢𝘭𝘭𝘺 protecting your brand. Using your business name may give you what are called “common law” trademark rights, but these rights are limited and will not stop a competitor from using the same name in another state, for example... or, worse, applying for and securing the federal trademark registration before you.

WHAT IS THE BEST WAY TO GET IN TOUCH WITH YOU?

The best way to get in touch is by scheduling an initial consultation call. In the alternative, please use the form on our contact page to send us a message.