Frequently Asked Questions

A trademark is a word, phrase, symbol, design, or combination thereof that identifies and distinguishes the source of goods or services of one party from those of others. Trademarks protect brand names (e.g., "Nike"), logos, slogans (e.g., "Just Do It"), and even sounds and colors in some cases.

The USPTO typically takes 8–12 months to process a trademark application. After filing, you will receive a serial number and can use the ™ symbol immediately. Once registered, you can use the ® symbol. Complex applications or those that receive Office Actions may take longer.

An Office Action is a letter from a USPTO examining attorney refusing registration or requiring clarification on your application. Common reasons include likelihood of confusion with an existing mark, the mark being too descriptive, or issues with your specimen (proof of use). We handle Office Action responses with a 94% success rate.

Common law trademark rights arise automatically from actual use of a mark in commerce, but they are limited to your geographic area. A federal registration through the USPTO provides nationwide protection, the right to use ®, the ability to sue in federal court, and the right to prevent importation of infringing goods through U.S. Customs.

The USPTO uses 45 international classes (1–34 for goods, 35–45 for services). You should register in every class relevant to your current and reasonably anticipated future business activities. Our attorneys will recommend the appropriate classes during their review of your application.

If someone else is already using the same or a similar name for similar goods/services, you may not be able to trademark it — and using it could expose you to infringement liability. Our comprehensive trademark search identifies conflicts before you file, saving you time and money.

A federal trademark registration is valid for 10 years and can be renewed indefinitely, as long as you continue using it in commerce and file the required maintenance documents (Section 8 Declaration between years 5–6, Section 9 Renewal every 10 years). We offer monitoring and maintenance services to keep your trademark in good standing.

In the U.S., copyright protection is automatic the moment you create an original work — you do not need to register. However, registration with the U.S. Copyright Office provides significant legal benefits: the ability to sue for infringement, eligibility for statutory damages (up to $150,000 per infringement), and attorney's fees in successful litigation.

Copyright protects original works of authorship including literary works (books, articles, blog posts), musical compositions and sound recordings, software and computer code, dramatic works, films and videos, artistic works (paintings, photos, illustrations), architectural works, and choreographic works.

Copyright protects original creative works (books, music, art, software) from the moment of creation. Trademark protects brand identifiers (names, logos, slogans) that distinguish the source of goods/services. They serve different purposes and often overlap — for example, a company logo can be both trademarked (as a brand identifier) and copyrighted (as an artistic work).

For works created on or after January 1, 1978, copyright lasts for the life of the author plus 70 years. For works made for hire (created by employees or commissioned), copyright lasts 95 years from publication or 120 years from creation, whichever expires first.

The U.S. Copyright Office is currently taking 8–14 months to process online registrations and longer for paper filings. However, the registration date is retroactive to the date the application was received, which is important for litigation purposes. We file your application within 48 hours of your order.

Yes. The written content, images, graphics, and code of your website can be copyrighted. However, the functionality, layout, and ideas behind a website generally cannot. We recommend registering your website's text content and any original graphics as a single compilation copyright, which is a cost-effective approach.

An LLC (Limited Liability Company) offers personal liability protection and flexible tax treatment (taxed as a pass-through entity by default). A Corporation (Inc.) is more formal, has shareholders and a board of directors, and may offer tax advantages for certain businesses, especially those seeking outside investment or planning to go public. Both provide liability protection from business debts.

Most small businesses are best served by forming in their home state. Delaware and Wyoming are popular for their business-friendly laws and privacy protections, but if you don't actually operate there, you'll still need to register as a foreign entity in your home state. We advise on the best state for your specific situation.

A Registered Agent is a person or entity designated to receive official legal documents (lawsuits, government notices) on behalf of your business. Every state requires businesses to have a registered agent with a physical address in the state. Our formation packages include one year of registered agent service.

Processing time varies by state — some states process filings in 1–3 business days, while others take 2–4 weeks. Expedited processing is available in most states for an additional state fee. We will give you an accurate timeline for your specific state when you order.

An EIN (Employer Identification Number) is your business's federal tax identification number, similar to a Social Security Number for individuals. You need an EIN to open a business bank account, hire employees, file business taxes, and apply for business licenses. We obtain your EIN as part of our formation package.

We recommend trademarking before or simultaneously with forming your business. Forming an LLC only protects your business name at the state level — it does not prevent others from using the same name in different states or federally. A federal trademark registration provides nationwide protection and is a much stronger form of brand ownership.

Amazon Brand Registry is Amazon's program that gives brand owners greater control over their product listings and brand presence on Amazon. Benefits include the ability to remove counterfeit listings, access to A+ Content, Brand Analytics, Sponsored Brand Ads, and the Amazon Transparency anti-counterfeiting program.

Yes. Amazon requires a registered trademark (or a pending trademark application in some cases through Amazon IP Accelerator) to enroll in Brand Registry. The trademark must be registered in the country where you are selling. We handle both the trademark registration and the Brand Registry enrollment process.

Once you have a registered trademark, enrollment in Amazon Brand Registry typically takes 2–5 business days for approval. We handle the enrollment application on your behalf and follow up directly with Amazon if there are any issues.

Amazon has a program that allows certain applicants with pending trademark applications (filed through Amazon's IP Accelerator program) to get provisional Brand Registry access. However, full access requires a registered trademark. We can advise on the fastest path to full enrollment for your specific situation.

Once enrolled in Brand Registry, you can use Amazon's Report Infringement tool to remove counterfeit listings. Brand Registry also gives you proactive protections through Amazon Transparency and Project Zero. We can help you draft and submit infringement reports and build a systematic counterfeit removal strategy.

The Madrid Protocol is an international treaty administered by WIPO (World Intellectual Property Organization) that allows trademark owners to file a single international application to seek protection in multiple countries simultaneously. It currently covers 130+ member countries and is the most efficient route to international trademark protection.

To file through the Madrid Protocol, you must have an existing trademark application or registration in your "home country" (the U.S. in most cases). We handle both the base U.S. filing and the international extension as part of our international trademark service.

International trademark costs vary significantly by country, the number of classes, and whether you are using the Madrid Protocol or filing directly in each country. Our international service starts from $799 per class per country. We provide a detailed cost estimate before any filing begins.

Under the Madrid Protocol, WIPO transmits your application to the designated countries, which then have 12–18 months to examine it. Some countries examine and approve faster. Direct national filings vary considerably. We keep you updated on the status of your application in each country throughout the process.

Yes. China is a member of the Madrid Protocol, but we also recommend filing directly with China's National Intellectual Property Administration (CNIPA) for stronger protection, given China's "first to file" trademark system. We work with local Chinese trademark counsel to ensure comprehensive protection in that market.