Frequently Asked Questions

You will receive your initial review by email within 3-5 business days.

If you haven’t heard from us in this time frame, please be sure to check your email spam folder. If you still need assistance, reach out to us at info@leonovlaw.com.

Your business name is one of your most valuable assets. A strong name, logo, or slogan can set you apart, build customer trust, and fuel your growth. However, without trademark protection, you risk losing the rights to your brand—potentially facing costly legal battles and setbacks that could disrupt your business.

Registering your trademark provides nationwide protection, giving you exclusive rights to use your brand across all 50 states. A registered trademark also establishes your business as legitimate, creates a valuable asset that can be licensed or sold, and attracts investment. With an initial term of six years and unlimited 10-year renewals, a trademark registration is a long-term safeguard for your brand and your future success.

Yes, a current Principal Register trademark registration is required to qualify for the Amazon® Brand Registry. This registration ensures your brand is protected and meets Amazon’s eligibility criteria. At Leonov Trademark Law, we can guide you through the process, helping you secure a qualifying trademark and gain access to the powerful tools the registry offers.

The USPTO, or United States Patent and Trademark Office, is the federal agency responsible for reviewing and registering trademarks in the United States. During the application process, the USPTO evaluates your trademark for compliance and potential conflicts. Once your trademark is approved and registered, the USPTO serves as your ally, providing the legal backing and protection that comes with federal registration.

While we can typically submit your trademark application within days of your initial consultation, the USPTO review process takes longer. On average, it takes about 9 months for the USPTO to examine your application. If no issues arise, the full registration process typically takes about 12 months. However, this timeline can extend past a year if complications occur during the examination.

A trademark can be almost any brand identifier that distinguishes your business. Common trademarks include words, phrases, logos, and designs, but they can also extend to sounds (like the MGM lion roar or the Intel jingle) and even unique scents. While there are specific guidelines and limitations, anything that helps customers associate your brand with your products or services may be eligible for trademark protection. Our attorneys can guide you through the process and help determine if your brand elements qualify.

Certain limitations prevent some terms or symbols from being registered as trademarks. The most common restriction is that trademarks cannot be “confusingly similar” to an existing registered trademark. Additionally, “generic” terms that simply describe a product or service, such as “BUMPER REPAIR” for a body shop, cannot be trademarked.

However, there are ways to overcome these limitations, such as incorporating distinctive visual elements or unique, non-descriptive words. A trademark attorney can provide a reliable assessment of your trademark’s validity and help you explore alternative strategies for registration.

Yes, you can file a trademark application even if you haven’t sold any products or services yet. While a trademark won’t officially register until your goods or services are in use, filing early has significant advantages. First, it allows you to confirm that your trademark is available, giving you peace of mind as you move forward. Second, it establishes priority, meaning your application will take precedence over later-filed applications. Once you begin selling and your trademark matures, the USPTO will protect your rights against conflicting applications filed after yours.

A trademark search is a critical step in protecting your brand. It identifies existing trademarks that could conflict with yours, potentially saving you from investing time and money in an application that might be refused. If someone else has already registered a similar trademark for related goods or services, it may not be available for your use.

Additionally, a thorough search reduces the risk of legal disputes from owners of existing trademarks. While no search can guarantee the USPTO won’t find other issues, identifying no direct conflicts provides peace of mind as you move forward with your application.

Yes, conducting your own trademark search can be a useful first step in the branding process. The official USPTO trademark search engine is a reliable tool and can help you identify obvious conflicts. However, be cautious of third-party search engines, as they may provide incomplete or misleading results to encourage filing services.

That said, a professional trademark search by an experienced attorney is far more comprehensive and effective. Attorneys have the expertise to analyze potential conflicts, including those that might not be immediately obvious, ensuring your trademark application is on solid ground.

Yes, the USPTO may refuse a trademark application during the examination process, which typically occurs about nine months after filing. If issues arise, the USPTO will issue an Office Action, outlining the reasons for refusal. These can range from simple requests for additional information to more serious issues, like a Likelihood of Confusion Refusal, where the trademark is deemed too similar to an existing one.

Fortunately, Office Actions can often be resolved. Applicants or their attorneys can respond by addressing the concerns directly, either through discussions with the Examiner or by submitting a formal written response. Most refusals can be successfully navigated with the help of an experienced attorney, ensuring the application remains on track.

Yes, third parties can oppose your trademark application during the USPTO's Publication phase. After the USPTO examines and approves your application for publication, it will be listed in the Official Gazette for 30 days. During this time, third parties who believe your trademark may infringe on their rights can file an opposition.

For example, if your logo resembles a widely recognized brand’s trademark, they may oppose your application to protect their intellectual property. An opposition is essentially a legal proceeding before the Trademark Trial and Appeal Board (TTAB). If the opposition is successful, your application may be denied. Having an experienced trademark attorney by your side can help you navigate and respond to potential challenges.

Congratulations! Securing a trademark is a significant achievement, and it marks an important milestone in protecting your brand. But your work doesn’t end here—there are steps you’ll need to take to maintain your trademark’s protection.

Five years after registration, you’ll need to file a renewal with the USPTO to keep your trademark active. During this time, you can also file a Declaration of Incontestability, which strengthens your trademark by limiting challenges from third parties. After the first renewal, subsequent renewals are required every 10 years to maintain your rights. With proper care, your trademark can protect your brand indefinitely.