Trademark & Brand Protection
Your brand name is one of your most valuable business assets. Once you launch publicly under a name that is not protected, every dollar you spend building brand recognition is at risk. We help entrepreneurs protect what they have worked to build.
A common misconception
You do not automatically own your business name.
Not even if you have all three of these.
LLC
Does not protect your brand name.
An LLC is a state-level legal entity. It gives you liability protection and a business structure. It does not give you exclusive rights to your name. Another business can legally use the same name in a different state, or even the same state in a different context.
Domain
Does not protect your brand name.
Owning yourname.com means you paid a registrar for a web address. It does not create any trademark rights. Someone with a federally registered trademark can still require you to stop using a name, even one you have built a website around.
@handle
Does not protect your brand name.
Claiming your Instagram, TikTok, or LinkedIn handle does not establish trademark rights. Platform usernames are governed by each platform's own terms, not federal trademark law. A registered trademark gives you legal standing that platform policies do not.
A federal trademark registration is the only way to secure exclusive nationwide rights to your brand name, logo, or slogan, and the only legal tool that lets you enforce those rights.
Trademark packages are flat fee.
No hourly billing. No surprise invoices. You know the full cost before we begin, so you can focus on your brand, not the meter running.
Trademark Registration & Brand Protection for Entrepreneurs
USPTO Filing, Office Action Responses & Enforcement, Serving Clients Nationally
You pick a name. You build a logo. You run ads, grow a following, print packaging. And then, sometimes years into building, you get a letter from an attorney telling you that another company has prior trademark rights to the name you have been using, and you need to stop. This is one of the most expensive and disruptive legal problems a brand owner can face. It is also almost entirely preventable. A professional trademark clearance search before you launch is far less costly than a rebrand after you have built equity under a name that belongs to someone else.
How We Help
Trademark Clearance Search
A professional clearance search that goes beyond the USPTO database and evaluates identical, similar, and phonetically related marks in relevant goods and services classes before you commit to a name publicly. The most important step you can take before investing in branding.
Trademark Filing & Registration
USPTO application preparation and filing, including identifying the correct Nice Classification classes for your goods and services, drafting the identification of goods and services, and managing the application through the examination process.
Office Action Responses
If the USPTO raises questions or issues a refusal, a timely and well-argued response is required. We draft substantive responses to Office Actions, including likelihood-of-confusion arguments, disclaimers, and amended identifications of goods and services.
Opposition Proceedings
If another party challenges your trademark application during the 30-day opposition period, we guide you through the TTAB opposition process, whether that means negotiating a resolution or advocating for your right to register.
How the Process Works
From your first conversation to the ® symbol. Here is exactly what to expect.
Clearance Search
Before anything else, we search the USPTO database, state registries, and common law sources for identical, similar, and phonetically related marks in your goods and services categories. This is not a quick database check; it is a professional evaluation of your real risk before you invest further in a name.
Opinion Letter & Strategy
You receive a written opinion on the clearance results: what we found, what it means for your application, and a recommended filing strategy. If there are risks, we tell you clearly and explain your options before you decide how to proceed.
USPTO Application Filing
We prepare and file your application with the USPTO, selecting the correct Nice Classification classes, drafting the identification of goods and services, and making the strategic decisions (use-based vs. intent-to-use, class selection) that affect the strength of your registration.
USPTO Examination & Office Actions
The USPTO reviewing attorney examines your application and may issue an Office Action, a formal question or refusal requiring a response. We handle these on your behalf, drafting substantive arguments to overcome refusals and keep your application moving forward.
Publication & Registration
Approved applications are published for opposition, a 30-day window during which third parties can challenge your mark. Once that period passes without opposition (or any opposition is resolved), your trademark is registered and you receive your certificate. You are now the owner of a federal trademark registration.
Ongoing Monitoring & Maintenance
Registration is not the finish line; it is the starting point for enforcement. Trademarks require maintenance filings between years 5 and 6, and again at renewal. We track your deadlines and can monitor the USPTO for new applications that may infringe on your registered mark.
We Also Handle
A fuller picture of trademark and brand protection services available through Colella Legal Studio.
Client Experiences
★★★★★
“Antonella is a gem. She is someone who I confide in on all trademark legal matters and is my go-to source and expert for my clients as well. She was able to help me get my business’s program trademark filed and approved successfully — even after an initial opposition — with just one phone call. She has the ability to see the big picture and be bullish when necessary but also weighs the worth of pursuing a legal action and advises as such. Highly recommend.”
Aggie B.
Google Review
★★★★★
“Antonella works very hard to ensure you the best success at getting a registered trademark. She has been an absolute pleasure to work with, and I plan to use her for every trademark and contract need in the future.”
Megan C.
Google Review
★★★★★
“Colella Legal Studio provided a streamlined trademarking experience for my business. There’s no way I’d have had time to navigate the process in general or deal with the nuances encountered along the way. Antonella was a pleasure to work with — a trustworthy advisor demonstrating seasoned legal prowess. She answered even my most granular questions promptly and with grace. Highly recommend getting one’s mark(s) to the ® finish line with Colella Legal Studio.”
Wally D.
Google Review
Frequently Asked Questions
- How do I know if my brand name is available to trademark?
- The first step is a clearance search: not just a Google search or a quick scan of the USPTO database, but a professional search that looks for identical marks, phonetically similar marks, and visually similar marks in related goods and services classes. Beauty is a crowded trademark space. A name that appears available on the surface often has a close relative that could block your registration or expose you to an infringement claim. The clearance process is the single most important step you can take before investing in branding.
- How long does trademark registration take?
- From the date of filing, USPTO trademark applications currently take approximately 12 to 18 months to reach registration, and sometimes longer if the examining attorney issues an Office Action (a formal question or refusal). If your application is opposed by another brand owner during the 30-day opposition period, the process can take significantly longer. This timeline is why filing early, before you invest heavily in brand-building, is so important. You want the registration process underway, not just starting, by the time your brand is publicly visible.
- What is an Office Action, and what happens if I get one?
- An Office Action is a written communication from the USPTO examining attorney who reviews your application. It may identify issues ranging from procedural requirements (like a specimen of use) to substantive refusals (like likelihood of confusion with an existing mark or a finding that your mark is descriptive). You typically have three months to respond. The response must address each ground for refusal; failure to respond, or an inadequate response, results in abandonment of the application. Office Actions are common and do not necessarily mean your application will be refused, but they require a timely, well-crafted response.
- What can I do if someone is infringing my trademark?
- If you have a registered trademark, your options for responding to infringement include: sending a cease-and-desist letter, filing a complaint with the Trademark Trial and Appeal Board (TTAB) if the infringing party has filed an application, and pursuing litigation in federal court. The right approach depends on the severity of the infringement, the geographic scope, and your business priorities. Not every infringement situation requires litigation; many are resolved through negotiation. Having a registered trademark provides the legal foundation to pursue each of these options.
- Do I need to trademark in every country where I sell?
- Trademark rights are territorial; a US registration gives you protection in the United States, not globally. If you sell in other countries (or plan to), you may need registrations in those markets as well. The Madrid Protocol is an international filing system that allows you to seek trademark protection in multiple countries through a single application. Whether international registration makes sense for your business depends on where you actually sell, where your products are manufactured, and where you face the most infringement risk. This is worth discussing once your US registration is underway.
- Can I trademark a logo or slogan, not just a name?
- Yes. Trademark protection extends to names, logos, slogans, and even certain sounds and colors, including anything that functions as a source identifier for your goods or services. Many brands register both a word mark (the name itself) and a design mark (the logo). A word mark is generally the stronger protection because it covers the name regardless of how it is styled. If your brand has a distinctive logo or tagline, those are worth evaluating for registration as well.
Get Started
Your Brand Name Is Worth Protecting
Book a consultation to talk through trademark clearance, registration strategy, or any brand protection question you have been putting off.